Category: DUID


New TV ads are appearing in Colorado with the caption “Drive High, Get a DUI.”  While these ads are humorous, they make a good point.  If you are now legally getting high in Colorado, do not drive.  If so, you may end up with a DUID (Driving Under the Influence of Drugs.)

In Colorado, the limit for marijuana in the blood while driving is 5 nanograms of active THC per milliliter of blood, according to CDOT.  But, how much marijuana is that?  Unlike blood-alcohol content, which generally correlates with weight and number of drinks, marijuana affects different people in different ways.  “One hit could put someone over the limit,” said Emily Wilfong, CDOT spokeswoman, in an interview with USA TODAY Network.  She added that there is more than one way to consume marijuana. “For instance, edibles can take up to two hours before someone even starts to feel the effects.”  In addition, many critics of the new law argue that marijuana remains in a person’s system for as long as three months in frequent pot users – including those who use medical marijuana.

Is 5 nanograms a good indicator of impairment?  Some argue that it is not, and argue that many individuals may be unfairly convicted of a DUI.

However, in Colorado, there is a permissible inference that a person is impaired with a 5 nanogram THC-blood level, but the driver can rebut the charge that they were impaired, and a jury can still find them not guilty despite the test result.

If you have been charged with a DUID and need an attorney to help rebut the charge that you were impaired, please contact Frederick | Ganderton, LLP as soon as possible as there may be quick approaching deadlines that can affect your driving privileges.


Happy Super Bowl Sunday!  We at Frederick | Ganderton hope everyone has a blast cheering on the Broncos (or the Seahawks if you wish).  However, after the game, remember to call a cab or use a designated driver to get you home if you have been drinking.  The Colorado State Patrol is stepping up DUI enforcement across the state this Super Bowl weekend, and you do not want to be caught in a sticky situation.  Read the full article here:

If you have questions about Colorado’s DUI laws, have been charged with a DUI or DWAI, or are facing a DMV suspension, contact Frederick | Ganderton Attorneys at Law today at 720-588-9120 to schedule a consultation


As of January 1, 2014, Colorado’s DUI laws have changed resulting in differing consequences for refusals and higher BAC tests as they relate to the Department of Motor Vehicles (DMV).

Prior to 2014, an individual who had their license suspended at a DMV hearing due to refusing a breath or blood test would lose their license for one year.  There was no way to get a restricted license or early reinstatement.  If you refused, you weren’t driving.  With the new changes, drivers that are revoked for one-year based on a determination that they refused a test will be allowed to reinstate their drivers’ licenses after two-months.  However, the individual must install an ignition interlock device in his or her vehicle for two-years.  The interlock devise can be expensive and embarrassing, but it now gives individuals who refused a test an opportunity to get to work and school after only two months.

The new laws also amend the definition of “persistent drunk driver” to include a person who refuses to take or complete a test as required by law.  In addition, a person will be considered a “persistent drunk driver” if they have a BAC of .15 or over, even if it is a first offence.  In the past, one was only deemed a “persistent drunk driver” if they had a BAC at or over .17, or had multiple offenses.  If considered a “persistent drunk driver” the individual must have an interlock device in their cars upon reinstatement for at least two years.

If you have questions about Colorado’s DUI laws, have been charged with a DUI or DWAI, or are facing a DMV suspension, contact Frederick | Ganderton Attorneys at Law today at 720-588-9120 to Schedule a consultation

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