DUI/DWAI Drug Impairment: Marijuana and Psilocybin

Marijuana-Related DUI/DWAI

• Legal Limit for Marijuana Impairment: Colorado law sets a presumptive limit of 5 nanograms of active THC per milliliter of blood for marijuana impairment. However, proving impairment solely based on THC levels can be complex due to the way marijuana metabolizes in the body.
• Challenges in Marijuana DUI/DWAI Cases: Unlike alcohol, the presence of THC in the bloodstream does not linearly correlate with impairment. Regular users may have higher THC levels without being impaired, leading to legal challenges in these cases.

Psilocybin and Driving

• Current Legal Status: While psilocybin has been decriminalized in Colorado, its impact on driving ability and legal limits for impairment are not as clearly defined as with marijuana.
• Legal Implications: Any detectable level of psilocybin leading to impaired driving can result in DUI/DWAI charges, similar to other controlled substances.

Defense Strategies in DUI/DWAI Drug Cases

• Challenging Blood Test Results: We scrutinize the accuracy of blood tests and the procedures used in testing and handling samples.
• Questioning the Validity of FSTs: The applicability and accuracy of FSTs in cases of drug impairment can be challenged, particularly if they were administered or interpreted incorrectly.
• Assessing Circumstantial Evidence: We consider all circumstances of the arrest, including the behavior observed by law enforcement and the context of drug consumption.