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DUI of Drugs (DUID) in Colorado – Law, Penalties, Defenses

In Colorado, driving under the influence of drugs (commonly referred to as “DUID“) is prosecuted as either
  • DUI or
  • the less serious crime of DWAI.
The penalties are generally the same as with a DUI of alcohol. DUID suspects are required to submit to a blood test because breath tests are designed to detect alcohol rather than drugs. First-time offenses are typically misdemeanors and are subject to mandatory license suspension. Flowchart that illustrates the court and DMV process for a Colorado DUID case To help you better understand Colorado’s laws against using drugs and driving, our top Colorado DUI defense lawyers discuss the following:

1. What is DUID?

You drive under the influence of drugs in Colorado when:
  • You have consumed one or more drugs or a combination of alcohol and drugs; and
  • The drugs and/or alcohol make you substantially incapable, either mentally and/or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a motor vehicle.1
Hooded driver holding a joint
CRS 42-4-1301(1)(a) prohibits driving under the influence of alcohol and drugs.

2. What is DWAI?

You drive while your ability is impaired by drugs in Colorado when:
  • You have consumed one or more drugs or a combination of alcohol and drugs; and
  • The drugs and/or alcohol affect you “to the slightest degree.”
You are affected to the slightest degree if you are less able than you ordinarily would have been, either mentally and/or physically, to exercise
  • clear judgment,
  • sufficient physical control, or
  • due care in the safe operation of a vehicle.2

3. What is considered a “drug”?

For purposes of Colorado DUI and DWAI laws, drugs include:
  • all drugs (including prescription and over-the-counter),
  • controlled substances, and
  • any inhaled glue, aerosol, or other toxic vapor or vapors.3
“Drugs” include any substance (other than food) that is:
  • Recognized as a drug in the official United States pharmacopeia, national formulary, or the official homeopathic pharmacopeia of the United States, or a supplement thereof;
  • Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals;
  • Intended to affect the structure or any function of the body of individuals or animals; or
  • Intended for use as a component of any such substance.4
DUI of drugs is frequently charged along with a violation of:

4. Do I have to take a blood test?

Typically, if you are arrested for DUI or DWAI, you must be given your choice of a
  • DUI blood test or
  • DUI breath test.
However, if the officer has probable cause to believe you were under the influence of, or impaired by, drugs or a combination of drugs and alcohol, you can be required to take a DUI blood test.5 Penalties for refusing to take a blood test include:
  • Revocation of your Colorado driver’s license,
  • Designation as a Colorado “persistent drunk driver” (PDD),
  • Mandatory drug education before your license can be reinstated,
  • An ignition interlock device on your vehicle before you can drive again, and
  • Mandatory SR-22 insurance.
Closeup of marijuana and car keys - driving under the influence of drugs violates CRS 42-4-1301(1)(a).
DUID is a crime even if the driver has a lawful prescription.

5. What if I have a prescription?

Having a valid prescription is not a defense against DUI or DWAI involving drugs. In Colorado, it is against the law to drive if your ability to drive is impaired to the slightest degree, even by a seemingly innocuous medication. This includes over-the-counter medicines for
  • pain,
  • allergies, or
  • anything else.

6. Can I drive while on medical marijuana?

Marijuana is a drug under Colorado law, even when you have a prescription for medical marijuana.6 There is no strict “legal limit” for DUI of marijuana in Colorado. But a jury may infer that you drove under the influence of marijuana if a blood test showed
  • 5 nanograms or more of delta 9-tetrahydrocannabinol (THC) per milliliter in your blood when you drive.7
However, the fact that you possess a medical marijuana registry card does not, by itself, constitute probable cause for an officer to require you to submit to a Colorado DUI blood test for drugs if you are arrested.8 Nor can possessing a medical marijuana registry card be used as evidence to convict you of DUID or DWAI.9

7. Is DUID a misdemeanor or a felony?

Drugged driving is usually a misdemeanor in Colorado. It becomes a Colorado felony, however, if you have three or more separate prior convictions (in any U.S. state or territory) for:
  • DUI,
  • DUI per se (BAC of .08% or higher),
  • DWAI,
  • vehicular homicide, and/or
  • vehicular assault.

8. What are the penalties?

Misdemeanor penalties

The punishment for misdemeanor DUI increases with each successive conviction:
Misdemeanor DUI offense Punishment
First-time DUI
  • 5 days to 1 year in jail;
  • $600 to $1,000 in fines;
  • 48 to 96 hours of public service;
  • 9-month license suspension;
  • 12 DMV points; and
  • Possibly alcohol education classes
Second-time DUI
  • 10 days to 1 year in jail;
  • $600 to $1,500 in fines;
  • 48 to 120 hours of public service;
  • 1-year license revocation;
  • Ignition interlock device (IID) for 2 years;
  • 12 DMV points; and
  • Possibly alcohol education classes
Third-time DUI
  • 60 days to 1 year in jail;
  • $600 to $1,500 in fines;
  • 48 to 120 hours of public service;
  • 2-year license suspension;
  • Ignition interlock device for 2 years;
  • 12 DMV points; and
  • Possibly alcohol education classes
The punishment for misdemeanor DWAI also increases with each successive conviction:
Misdemeanor DWAI offense Punishment
First-time DWAI
  • 2 to 180 days in jail;
  • $200 to $500 in fines;
  • 24 to 48 hours of public service; and
  • 8 DMV points
Second-time DWAI
  • 10 days to 1 year in jail;
  • $600 to $1,500 in fines;
  • 48 to 120 hours of public service; and
  • 8 DMV points
Third-time DWAI
  • 60 days to 1 year in jail;
  • $600 to $1,500 in fines;
  • 48 to 120 hours of public service; and
  • 8 DMV points

Felony penalties

Consequences of a Colorado felony DUI / DWAI conviction can include:
  • A fine of $2,000 to $500,000,
  • Two to six years in Colorado state prison, and
  • Three years of mandatory parole.

9. What are the best defenses to DUID charges?

The best Colorado DUI attorneys can present many legal defenses to Colorado DUI of drugs. Some of the more common include:
  • Your DUI blood test showed less than five nanograms of THC per milliliter.
  • There was zero impairment caused by drugs.
  • The law enforcement officer had no reasonable suspicion to pull you over.
  • The police officer failed to advise you of your Miranda rights prior to custodial interrogation.
  • You were not lawfully arrested.
  • You were suspected of DUID or DWAI solely because you carried a medical marijuana I.D. card.
  • Your blood test was not conducted in accordance with Colorado regulations as set forth in 5 CCR 1005-2.
  • There were errors in your DUI blood test.
Colorado Legal Defense Group 140 E 19th Avenue, Suite 500 Denver, Colorado 80203 Learn more about Colorado DUI laws. Arrested in Nevada? Go to our article on DUI of prescription drugs in Nevada.

Legal references:

  1. 42-4-1301 CRS (1)(f). See Halter v. Department of Revenue, Motor Vehicle Div., (Court of Appeals of Colorado, Division Four, 1993) 857 P.2d 535; People v. Tuthill (2007) 158 P.3d 275.
  2. 42-4-1301(1)(g), C.R.S.
  3. 42-4-1301(1)(d), C.R.S.
  4. 27-80-203(13) and 18-18-102(5), C.R.S.
  5. 42-4-1301.1(2)(b)(I), C.R.S.
  6. 42-4-1301(1)(e), C.R.S.
  7. 42-4-1301(6)(a)(IV), C.R.S.
  8. 42-4-1301(6)(k), C.R.S.
  9. 42-4-1301(6)(j), C.R.S.

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