You can be charged with DUI in Colorado even when you have not consumed a drop of alcohol. Colorado law applies DUI and DWAI laws to impairment caused by alcohol, drugs, or a combination of substances. That can include marijuana, prescription medications, and certain over-the-counter drugs. Hebets & McCallin P.C. represents Colorado drivers facing DUI allegations where the central issue is drug impairment rather than alcohol.
A prescription does not automatically protect someone from a DUI charge. The key question is whether the prosecution can prove the substance affected the driver’s ability to operate a vehicle to the degree required under Colorado law. Drug-related DUI cases can present significant evidentiary questions because most drugs do not have a simple legal limit comparable to the alcohol BAC standard.
Can You Get a DUI in Colorado Without Drinking Alcohol?
Yes. Colorado DUI law is not limited to alcohol.
Under C.R.S. § 42-4-1301, a person may commit DUI by driving under the influence of alcohol, one or more drugs, or a combination of alcohol and drugs. Colorado also recognizes driving while ability impaired, or DWAI, which can involve drugs as well as alcohol.
For DUI, the question is whether alcohol or drugs affected the person to the point that the person was substantially incapable, mentally or physically, of exercising clear judgment, sufficient physical control, or due care in safely operating a vehicle. DWAI uses a lower impairment standard. A person may be considered impaired when a substance affects the person to the slightest degree so that the person is less able to drive than the person ordinarily would be.
This means a driver could have a 0.00 BAC and still face a DUI or DWAI charge involving drugs.
What Is DUID in Colorado?
The term DUID, or driving under the influence of drugs, is commonly used to describe a DUI case based on suspected drug impairment.
Colorado’s primary impaired-driving offenses are still DUI and DWAI. DUID is useful shorthand for distinguishing a drug-related case from a traditional alcohol DUI.
Drug-related cases can involve substances such as:
- Marijuana or THC products
- Prescription pain medication
- Anti-anxiety medication
- Sleep medications
- Certain muscle relaxants
- Some medications that cause drowsiness or delayed reactions
- Illegal controlled substances
- Combinations of drugs
- Drugs combined with alcohol
The fact that a drug is legal to possess does not necessarily make driving after taking it legal.
Can Prescription Medication Lead to a DUI Charge?
Yes. One of the biggest misconceptions about Colorado DUID cases is that a valid prescription provides a complete defense.
A person can lawfully possess and take medication exactly as prescribed yet still face an impaired-driving investigation if police believe the medication affected the person’s ability to drive safely.
This distinction matters. The issue in a DUI case is impairment, not simply whether the substance was legally obtained.
A driver may take a medication for pain, anxiety, insomnia, or another medical condition without expecting it to interfere with driving. The medication may cause drowsiness, slowed reaction time, confusion, coordination problems, or another effect that police interpret as impairment.
At the same time, the presence of medication in a person’s body does not by itself answer the central question of whether that person was actually impaired while driving.
What About Over-the-Counter Medication?
Prescription drugs are not the only legal substances that can create problems behind the wheel.
Certain over-the-counter medications may cause drowsiness, dizziness, slowed reactions, or difficulty concentrating. A driver who takes cold medicine, an antihistamine, or another medication should pay attention to warnings concerning driving or operating machinery.
A drug-related DUI case can become especially complicated when several substances are involved. For example, a person might take prescribed medication and an over-the-counter medication without realizing that the combination can increase sedation.
The prosecution still has to establish the elements of the charged offense.
How Does Colorado Prove Drug Impairment Without a BAC?
Alcohol DUI cases often focus heavily on a breath or blood alcohol concentration. Drug DUI cases can work differently.
There is no universal numerical impairment limit for prescription drugs and most other drugs comparable to the familiar alcohol BAC threshold. Investigators may instead build a case from several forms of evidence.
That evidence can include:
- The reason for the traffic stop
- Driving behavior observed before the stop
- Statements made to the officer
- Physical appearance and behavior
- Coordination and balance
- Performance on roadside tests
- Body camera and patrol vehicle footage
- Blood testing and toxicology evidence
- Medications or substances found during the investigation
- The timing and dosage of medication
- Other explanations for the officer’s observations
This creates opportunities for careful defense investigation. An officer may describe a driver as confused, tired, unsteady, or slow to respond, but those observations do not identify the cause by themselves.
Fatigue, illness, injury, anxiety, medical conditions, or the stress of a police encounter may provide relevant context.
What Is Colorado’s 5-Nanogram THC Rule?
Marijuana cases have a special evidentiary rule.
If a driver’s whole blood contains five nanograms or more of delta-9 THC per milliliter, Colorado law allows a permissible inference that the driver was under the influence of one or more drugs.
That does not make five nanograms the same type of automatic per se threshold associated with alcohol DUI per se.
The inference is permissible, which means THC concentration can be used as evidence of impairment, but the number does not eliminate the need to evaluate the rest of the evidence.
This distinction can be significant because marijuana-related cases may involve questions about timing, toxicology results, driving behavior, officer observations, and other evidence concerning actual impairment.
What Evidence Should a DUID Defense Attorney Review?
A strong defense starts with examining how the investigation actually unfolded rather than accepting the accusation as proof.
A Colorado DUID lawyer may review:
- Police body camera footage
- Dash camera footage
- The legal basis for the traffic stop
- Roadside testing
- Statements attributed to the driver
- Blood collection procedures
- Laboratory reports
- Toxicology findings
- Prescription records when relevant
- Medical conditions that could affect appearance or coordination
- Whether police observations match the video evidence
- The time between driving and chemical testing
Toxicology evidence requires particular attention. Detecting a substance and proving that it caused legally sufficient impairment are not always the same issue.
What Are Possible Defenses to a DUI When You Were Not Drinking?
The appropriate defense depends on the facts, but several issues frequently deserve investigation in a drug-related DUI case.
Lack of actual impairment: A drug may have been present, but the evidence may not establish that it impaired the driver’s abilities to the degree required for the charged offense.
Alternative explanations: Medical problems, fatigue, anxiety, injury, or other conditions may explain observations that police attributed to drugs.
Problems with the traffic stop: A defense attorney can examine whether police had a lawful basis for stopping the vehicle and whether later investigative steps complied with the law.
Toxicology issues: The defense can examine testing procedures, laboratory documentation, timing, and what the reported concentration can actually establish.
Video contradicts the report: Body camera footage may provide a more complete picture of speech, balance, coordination, responsiveness, and interactions with officers.
Weak connection between a drug and driving behavior: Finding a substance in a person’s system is one piece of evidence. The prosecution still must connect its evidence to the legal elements of DUI or DWAI.
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What Happens After a Drug-Related DUI Arrest?
A DUID arrest can begin a criminal case involving court appearances, evidence review, negotiations, motions, and potentially trial.
The consequences can become more serious when a person has prior qualifying impaired-driving convictions. Colorado treats DUI and DWAI as primary alcohol- and drug-related driving offenses, and a fourth or subsequent qualifying offense can be prosecuted as a felony.
A person facing charges should avoid assuming that a 0.00 alcohol reading will cause the case to disappear. If police suspected drug impairment, the prosecution may proceed using observations, toxicology evidence, video, statements, and other evidence.
Getting the evidence reviewed early can help identify weaknesses before important decisions are made.
Frequently Asked Questions About Colorado DUID Charges
Can I get a DUI in Colorado if I did not drink alcohol?
Yes. Colorado DUI and DWAI laws apply to impairment involving alcohol, drugs, or combinations of substances. A person can have no alcohol in the person’s system and still face a drug-related impaired-driving charge.
Can I get a DUI for medication that was prescribed to me?
Yes. Lawful use of prescription medication does not automatically prevent a DUI charge if the government alleges that the medication caused impairment. The prosecution still has to prove the elements of the offense.
Is DUID a separate crime from DUI in Colorado?
DUID is commonly used as shorthand for driving under the influence of drugs. Colorado law identifies DUI and DWAI as its primary impaired-driving offenses involving alcohol or drugs.
Does having five nanograms of THC automatically mean I am guilty?
No. Five nanograms or more of delta-9 THC per milliliter of whole blood creates a permissible inference of drug impairment under Colorado law. It is not an automatic finding of guilt.
Can over-the-counter medicine result in a DUI investigation?
Yes. A legal medication can become relevant when police believe it affected a driver’s ability to operate a vehicle. The particular medication, dosage, timing, observed driving, and other evidence may all matter.
How can a lawyer defend a prescription drug DUI?
The defense may examine the traffic stop, body camera footage, officer observations, toxicology evidence, testing procedures, medical information, prescription history, and whether the prosecution can prove actual impairment beyond a reasonable doubt.
Talk With a Colorado DUI Defense Attorney
If you are facing a drug-related DUI, speak with our Denver DUID lawyers or Denver DUI lawyers about the evidence, your case, and the defense options that may be available.
Hebets & McCallin P.C. represents people facing DUI, DUID, DWAI, and other criminal charges throughout Colorado. Contact the firm today to schedule a confidential consultation and learn how an experienced defense attorney can evaluate the evidence and protect your rights.
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