Driving and Dealing with the Fuzz

 If you consume cannabis in
Colorado and also drive a vehicle on the streets or highways, you are always
subject to being stopped and investigated for Driving Under the Influence of
Drugs (DUID). Under Colorado law, if a law enforcement officer believes you are
driving under the influence of drugs then he or she can investigate you and ask
you to provide a sample of your blood for testing. This is called “Express
Consent.” They do not have to offer you a breath test if they suspect drugs;
you can only do a blood test.

Even if you are not driving impaired
or under the influence, your blood can easily show Tetrahydrocannabinol (THC)
after the psychoactive properties of THC are worn off. If you are a chronic user
you will most likely have evidence of active THC in your system. It is the
active THC that the government is looking for and that number is used to prove guilt
in DUID cases. While the presumptive level in Colorado is five nanograms of THC
in your system needed to infer guilty of driving under the influence, prosecutors
still prosecute a person who has a lower level and of course, a higher level as
well.

If you decide that you are
not going to provide blood to the officer when asked, then you will be accused
by the Division of Motor Vehicles (DMV) of a “refusal” and almost always end up
with 60 days of absolutely no driving, followed by 24 months of using an
Interlock in your vehicle if you want to drive. Yes, even if it is cannabis, you
will have to put an Interlock in your car which measures alcohol. Conversely
though, by not providing blood you are preventing valuable evidence from being
used against you by the prosecutor of your THC level which most juries and
courts see as impairment. While your nanogram level is just a number of THC in
your system, many people in the criminal justice system equate that number to
impairment. The law has changed and frequently law enforcement officers will
tell you that if you “refuse” a blood test you will “lose your license for a
year” as that is what the old law used to require.

The other thing officers ask
you to do is to complete “roadsides” or Standardized Field Sobriety Tests. These
tests are also used as evidence against you to prosecute you. These tests are
NOT designed to detect impairment from drugs, they are VOLUNTARY and if you DO
NOT do them, there is no penalty. That’s right, you don’t have to do them and
there is no consequence for not participating in roadside maneuvers. Surprisingly
though, almost everyone stopped for DUID wants to cooperate and complete the
tests. Sometimes the officer does not make it clear that these are voluntary
and the driver does not know he or she can decline to take the roadside tests.

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Think before you hand over
evidence against yourself.