I suppose this is sort of a series on the Denver DUI lawyer blog about reasons that the breath test and blood alcohol level aren't everything. First I talked about how you could get a DUI despite a low BAC, then the lesser offense of DWAI in Colorado. This post I'm going to talk about how you can get a DUI or DWAI conviction for drugs that aren't alcohol.
As the billboards around town have doubtless reminded you, drivers can get a drunk driving conviction for being intoxicated on any drug. That could be cocaine, marijuana, codeine or oxycodone. The standard is exactly the same as it is for alcohol. If you lack the basic capacity to operate the vehicle safely, that is sufficient to convict you of DUI. If your ability is impaired to the slightest extent, you can be convicted of DWAI. If you are pulled over by a police officer and suspected or charged with either, you need to call a Denver DUI lawyer right away.
Drinking and driving charges for drugs other than alcohol are quite a bit more complicated than those simply for alcohol. There is not a particularly reliable test to see if somebody has been consuming marijuana. Marijuana collects in the fat cells, and is only purged over a course of days or weeks. Alcohol is metabolized in a matter of hours, and the amount of alcohol in the body gives a good estimate as to how intoxicated a person is. A marijuana test does no such thing.
Other drug tests are similar. They can detect traces of the drug in a person's body, but cannot really tell if you are intoxicated at the time. Because of this, there is no concrete score on a blood test for DUIs for drugs other than alcohol. Also because of this, the case is much more complex.
Your Denver DUI lawyer cannot focus merely on the breath test. The evidence against you is likely to include road side sobriety tests, the cop's initial observations of your behavior, and anything you tell the police. So if you are suspected of DUI for alcohol or another drug, don't give them anything that can be used against you. Politely decline to answer questions or take a portable breath test or roadside sobriety tests.
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