Fourth offense
Reasonable inference law with a limit greater than zero for THC
Permissible inference THC law (5 nanograms)
Enhanced penalties
0.17
Lifetime
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
Habitual Offender Law Enacted
101-150 DREs
11-15 DUI Courts
1-5 Hybrid Courts
Cannabis-specific open container law
Decriminalized
Blood, urine, and saliva
No affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
Low BAC permissible inference
none
Incentivized first offender and mandatory high-BAC/repeat
Legislation & Court Rule/Order
Cannabis
Judicial license suspension/revocation
Distinctive License & Seizure Law
Has legal authority to implement No Refusal program
Oral fluid testing authorized
CRS 42-4-1301.1 - Learn More
The law states that every driver shall be deemed to have expressed a consent to take a blood, breath, saliva, or urine test when requested to do so by a law enforcement officer who has probable cause to believe that that person is DUI or DWAI (CRS 42-4-1301(1)(g))- Learn More
CRS 42-4-1301.1 - Learn More
The law states that every driver shall be deemed to have expressed a consent to take a blood, breath, saliva, or urine test when requested to do so by a law enforcement officer who has probable cause to believe that that person is DUI or DWAI (CRS 42-4-1301(1)(g)) - Learn More
CRS 42-4-1301.1 - Learn More
The law states that every driver shall be deemed to have expressed a consent to take a blood, breath, saliva, or urine test when requested to do so by a law enforcement officer who has probable cause to believe that that person is DUI or DWAI (CRS 42-4-1301(1)(g)) - Learn More
CRS 42-4-1301.1 - Learn More
The law states that every driver shall be deemed to have expressed a consent to take a blood, breath, saliva, or urine test when requested to do so by a law enforcement officer who has probable cause to believe that that person is DUI or DWAI (CRS 42-4-1301(1)(g)) - Learn More
CRS 42-4-1301.1 - Learn More
The law states that every driver shall be deemed to have expressed a consent to take a blood, breath, saliva, or urine test when requested to do so by a law enforcement officer who has probable cause to believe that that person is DUI or DWAI (CRS 42-4-1301(1)(g)) - Learn More
CRS 42-4-1301(1)(a) - Learn More
CRS 42-4-1301(1)(f) - Learn More
A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence.
"Driving under the influence" means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle
A person who drives a motor vehicle or vehicle while impaired by alcohol or by one or more drugs, or by a combination of alcohol and drugs, commits driving while ability impaired.
“Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able that the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
CRS 42-4-1301(1)(a) - Learn More
CRS 42-4-1301(1)(f) - Learn More
A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence.
“Driving under the influence" means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle
A person who drives a motor vehicle or vehicle while impaired by alcohol or by one or more drugs, or by a combination of alcohol and drugs, commits driving while ability impaired.
“Driving while ability impaired” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able that the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
CRS 42-4-1301.1 - Learn More
Basis for revocation of a driver license
Yes
If a person refuses to take or to complete any test or tests and such person subsequently stands trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the completing of, any test or tests shall be admissible into evidence at the trial. CRS 42-4-1301(6)(a)(III)(d)
Yes
If a person refuses to take or to complete any test or tests and such person subsequently stands trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the completing of, any test or tests shall be admissible into evidence at the trial. CRS 42-4-1301(6)(a)(III)(d)
CRS 42-2-125 Learn More
Been convicted of driving a motor vehicle while under the influence of a controlled substance, as defined in section
CRS 18-18-102 (5) - Learn More which includes THC
Minimums:
DWAI – No license suspension
First DUI – 9 months
Yes
No IIL for cannabis found. The court may mandate an ignition interlock device as a condition of probation after a second or third DUI or DWAI offense.
No Data Available
No Data Available
CRS 18-13-122 - Learn More
Minor in Possession law prohibits persons under 21 from possessing or consuming alcohol, marijuana, or using marijuana paraphernalia. MIP carries no jail. Instead, the judge may impose fines, public service, or substance abuse assessment and treatment. Defendants can get MIP charges dismissed by completing a diversion program or entering a deferred judgment.
No Data Available
5 ng/ml
5 ng/ml
Permissible inference law states that if THC is present in blood at levels of 5 ng/ml or higher, the court may infer the driver is under the influence. Permissible inference laws differ from per se laws in that the prosecution must still prove that the driver was incapable of safe driving. The permissible inference simply makes the prosecution’s case easier to make.
CRS 18-13-122 - Learn More
Colorado Revised Statutes Title 18. Criminal Code § 18-13-122. Illegal possession or consumption of ethyl alcohol or marijuana by an underage person--illegal possession of marijuana paraphernalia by an underage person--definitions--adolescent substance abuse prevention and treatment fund--legislative declaration
CRS 18-18-406.3 - Learn More
Medical use of marijuana by persons with debilitating medical conditions.
CRS 42-4-1307(3)(a)
Imprisonment in the county jail for at least five days but no more than one year; a fine of at least $600 but no more than $1,000; at least 48 hours but no more than 96 hours of public service if the person is convicted of DUI.
CRS 42-4-1307(4) - Learn More
Generally applied under first offense DWAI – which includes imprisonment in the county jail for a mandatory minimum of two days but no more than one hundred eighty days; fine of at least two hundred dollars but no more than five hundred dollars; at least twenty-four hours but no more than forty-eight hours of useful public service; the court may impose a period of probation that shall not exceed two years, which probation may include any conditions permitted by law. This offense means driving a motor vehicle when a person has consumed alcohol, one or more drugs, or a combination of both, that affects the person to the slightest degree which fails to meet the level for DUI impairment.
Yes, they are identical. However, most convictions for impaired driving when tetrahydrocannabinol is the only impairing drug present are convictions for DWAI (72% in 2019). Most convictions for impaired driving when alcohol is the only impairing drug present are convictions for DUI (55% in 2019). Criminal penalties for the first DWAI offense are lower than criminal penalties for the first DUI offense. Administrative penalties are lower for DWAI than for DUI.
Yes
Penalty same for alcohol.
You may be charged with negligent child abuse in addition to the DUI penalties.
CO Rev Stat § 27-80-203 (24)(2017) Learn More
Tetrahydrocannabinols include synthetic equivalents, synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity.
No
Larimer County
no
Permitted per CRS 42-4-1301.1 but not enabled per CRS 42-4-1307
Permitted per CRS 42-4-1301.1 but not enabled per CRS 42-4-1307
Permitted per CRS 42-4-1301.1 but not enabled per CRS 42-4-1307
No Data Available
21
CRS 18-13-122 - Learn More
Unclassified Petty Offense - Upon conviction of a first offense, the court shall sentence the underage person to a fine of not more than one hundred dollars, or the court shall order that the underage person complete a substance abuse education program approved by the office of behavioral health in the department of human services, or both.
CRS 18-13-122 - Learn More
Unclassified Petty Offense - Upon conviction of a first offense, the court shall sentence the underage person to a fine of not more than one hundred dollars, or the court shall order that the underage person complete a substance abuse education program approved by the office of behavioral health in the department of human services, or both.
CRS 18-13-122 - Learn More
Minor in Possession Statute
CRS 18-13-122 - Learn More
Minor in Possession Statute
For those patients ages 18 to 20 seeking a first-time recommendation, the law requires two physicians from two different medical practices … to diagnose the patient as having a debilitating or disabling medical condition after an in-person consultation."
It also limits the amount of medical marijuana concentrates that a patient may legally purchase in one day to 8 grams for adults or 2 grams for those ages 18 to 20. In order to ensure compliance with these new daily limits, the state will establish and institute a new tracking system to monitor medical cannabis purchases. These changes on purchase limits also go into effect on January 1, 2022.
No Data Available
CRS 18-13-122 - Learn More
Colorado Revised Statutes Title 18. Criminal Code § 18-13-122. Illegal possession or consumption of ethyl alcohol or marijuana by an underage person--illegal possession of marijuana paraphernalia by an underage person--definitions--adolescent substance abuse prevention and treatment fund--legislative declaration
No Data Available for the state but several municipalities have social host ordinances, including Craig, Crested Butte, Gunnison, Fort Collins and Steamboat Springs.
No Data Available for the state but several municipalities have social host ordinances, including Craig, Crested Butte, Gunnison, Fort Collins and Steamboat Springs.
The sale, transfer, or dispensing of not more than 1 ounce of marijuana to a minor if the person is an adult and two years older than the minor is a level 4 drug felony punishable by a sentence of 6 months – 2 years and a fine of $ 1,000 – $ 100,000.
The sale, transfer, or dispensing of more than one ounce, but not more than six ounces of marijuana to a minor if the person is an adult and two years older than the minor is a level 3 drug felony punishable by a sentence of 2 – 6 years and a fine of $ 2,000 – $ 500,000.
The sale, transfer, or dispensing of more than 6 ounces, but not more than 2.5 pounds of marijuana to a minor if the person is an adult and two years older than the minor is a level 2 drug felony punishable by a sentence of 4 – 16 years and a fine of $ 3,000 – $ 750,000.
The sale, transfer, or dispensing of more than 2.5 pounds of marijuana to a minor if the person is an adult and two years older than the minor is a level 1 drug felony punishable by a sentence of 8 – 32 years and a fine of $ 5,000 – $ 1,000,000.
No Data Available