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Facing a DUI for Drugs in Colorado? Here’s What You Need to Know

Facing a DUI for Drugs in Colorado? Here’s What You Need to Know

Facing a DUI for Drugs in Colorado? Here’s What You Need to Know

A DUI for drugs (DUID) in Colorado can be just as serious as an alcohol-related DUI, even if the drugs in your system were legally prescribed or purchased at a dispensary. Many drivers don’t realize that law enforcement can arrest them for impaired driving due to any substance, including prescription painkillers, anxiety medications, sleep aids, and marijuana.

If you were arrested for driving under the influence of drugs in Colorado, you’re likely feeling overwhelmed and uncertain about what comes next. A conviction can lead to license suspension, fines, and even jail time—but an arrest doesn’t mean you’re guilty.

At Front Range DUI Defense, we focus exclusively on DUI defense in Colorado, and we know how to fight drug-related DUI charges. From challenging the validity of the traffic stop to disputing unreliable drug tests, we build strong, strategic defenses to protect your future.

Act Now to Protect Your Rights

A DUI charge won’t go away on its own. The sooner you act, the stronger your defense will be.

Call Front Range DUI Defense at (719) 294-0566 now for a free case evaluation, or fill out our online form to get expert legal advice on your case.

What Is a DUI for Drugs in Colorado? Understanding the Charges

Most people associate DUI charges with alcohol, but in Colorado, you can also be arrested for driving under the influence of drugs (DUID)—even if the substance was legally prescribed or purchased.

How Colorado Defines DUI for Drugs

Under Colorado Revised Statutes § 42-4-1301, you can be charged with DUI for drugs if a police officer determines that your ability to operate a vehicle was impaired to the slightest degree due to one or more drugs. As commonly applied, these drugs can include:

  • Prescription medications (painkillers, anti-anxiety drugs, ADHD meds, sleep aids, etc.)
  • Over-the-counter drugs (cold medicine, antihistamines, or anything that causes drowsiness)
  • Marijuana (including legally purchased cannabis and medical marijuana)
  • Illegal drugs (cocaine, methamphetamine, opioids, hallucinogens, etc.)

Unlike alcohol DUIs, Colorado does not have a standardized “per se” limit for most drugs. This means a driver can face charges even if they took a legally prescribed dose or haven’t consumed marijuana for hours or even days before driving.

Alcohol vs. Drug DUI: What’s the Difference?

While alcohol-related DUIs are based on a 0.08% BAC limit, drug DUIs rely on blood tests, officer observations, and the opinions of Drug Recognition Experts (DREs). This subjective evidence can be challenged in court, especially if testing was flawed or the officer lacked proper training.

Prescription Medications & DUI Charges

Many drivers assume that having a valid prescription protects them from a DUI charge—but that’s not the case. If an officer believes your painkillers, sedatives, muscle relaxants, or psychiatric medications impaired your driving, you could still face a DUID charge.

Common prescription drugs that lead to DUI arrests in Colorado include:

  • Oxycodone (OxyContin, Percocet)
  • Hydrocodone (Vicodin, Norco)
  • Alprazolam (Xanax)
  • Zolpidem (Ambien, other sleep medications)
  • Adderall, Ritalin, or other ADHD medications

Marijuana DUI in Colorado: What You Need to Know

Despite legalization, Colorado has a permissible inference of impairment for persons over 5 nanograms of Delta-9 THC per milliliter of blood for DUI cases. However, THC affects individuals differently, and you can still be arrested even if you’re below this limit. Additionally:

  • Officers rely on field sobriety tests and Drug Recognition Experts, which can be highly inaccurate for cannabis users.
  • Medical marijuana users are not exempt from DUI laws.

Illegal & Controlled Substances: DUI Consequences

If you are arrested for DUI involving illegal drugs (cocaine, meth, heroin, LSD, etc.), prosecutors aggressively pursue charges due to the zero-tolerance nature of these substances. Even if no drugs were found in your possession, a positive blood test can lead to more aggressive prosecution.

Why You Need a Lawyer for a Drug DUI Case

Drug DUI cases rely heavily on subjective officer observations and unreliable testing methods. These cases are often defensible, but only with an experienced attorney who understands Colorado’s DUI laws and testing procedures.

Don’t face these charges alone—call Front Range DUI Defense at (719) 294-0566 today for a free case evaluation.

Colorado’s Laws & Penalties for a DUI for Drugs

A DUI for drugs (DUID) conviction in Colorado carries serious penalties that can impact your freedom, finances, and future. Even if this is your first offense, you could face license suspension, heavy fines, and even jail time. Repeat offenses come with even harsher penalties, making it crucial to fight the charges as early as possible.

Penalties for a First-Time DUI for Drugs in Colorado

A first-offense DUID is typically classified as a misdemeanor, but it still carries severe consequences, including:

  • Jail Time: 5 days to 1 year (may be suspended if you complete treatment)
  • Fines: $600 to $1,000
  • License Suspension: Up to 9 months
  • Community Service: 48 to 96 hours
  • Mandatory Drug & Alcohol Evaluation and Treatment
  • Probation: Up to 2 years

Even if you don’t serve jail time, a DUI conviction remains on your record, which can affect employment, housing, and professional licenses.

Penalties for a Second DUI for Drugs in Colorado

A second DUI conviction is still a misdemeanor but comes with harsher penalties, including:

  • Jail Time: 10 days to 1 year (mandatory minimum of 10 days)
  • Fines: $600 to $1,500
  • License Suspension: 1-year revocation
  • Ignition Interlock Device (IID): Mandatory for 2 years after reinstatement
  • Probation: 2-4 years
  • Community Service: 48 to 120 hours
  • Mandatory Drug & Alcohol Evaluation and Treatment, typically including increased treatment requirements

Unlike a first offense, jail time is mandatory for a second DUI, even if it’s for drugs, not alcohol.

Penalties for a Third DUI for Drugs in Colorado

A third DUI offense is still classified as a misdemeanor, but it carries much harsher sentencing, including:

  • Jail Time: 60 days to 1 year (mandatory minimum of 60 consecutive days)
  • Fines: $600 to $1,500
  • License Suspension: 2 years
  • Ignition Interlock Device (IID): Required for 2+ years after reinstatement
  • Probation: 2-4 years
  • Community Service: 48 to 120 hours
  • Mandatory Drug & Alcohol Evaluation and Treatment, typically including increased treatment requirements

By the third DUI, courts typically consider you an elevated risk to the community and are much less likely to offer leniency or alternative sentencing.

Penalties for a Fourth DUI or Subsequent Offenses – Felony DUI in Colorado

A fourth DUI for drugs or alcohol is classified as a Class 4 Felony in Colorado. This means you could face prison time, not just county jail.

  • Prison Sentence: 2 to 6 years in Colorado state prison
  • Fines: $2,000 to $500,000
  • Parole Supervision: Mandatory 3 years of parole after release
  • License Revocation: Indefinite with no automatic reinstatement
  • Probation: Possible, but requiring at least 90 days of jail or 180 days of work-release
  • Ignition Interlock Device (IID): Mandatory for at least 2 years upon reinstatement
  • Requirement of Level 4+ Alcohol & Drug Treatment

A felony DUI conviction has lifelong consequences, including:

  • Permanent criminal record (can affect employment, housing, and professional licenses)
  • Loss of firearm rights
  • Potential immigration consequences (for non-citizens)

Once you reach a fourth DUI, courts have little patience for leniency. You must aggressively fight these charges to avoid a felony record.

Aggravating Factors That Increase DUI Penalties

Certain circumstances can increase your sentence, even if it’s your first or second DUI:

  • DUI with a Minor in the Car: Child endangerment and child abuse charges
  • DUI Causing Injury or Death: Felony Vehicular Assault or Homicide
  • High-Speed or Reckless Driving: Additional criminal charges
  • Prior DUI Convictions: Even alcohol DUIs count against you

If you are charged with DUI causing serious bodily injury or DUI resulting in death, you could lengthy prison sentences under Colorado’s felony vehicular assault or vehicular homicide laws.

How Colorado Determines Drug Impairment in DUI Cases

Unlike alcohol DUIs, where a 0.08% BAC is the legal limit, drug-related DUIs rely on a combination of testing and officer observations, including:

  • Field Sobriety Tests (FSTs): Officers assess balance, coordination, and reaction times
  • Drug Recognition Experts (DREs): Specially trained officers evaluate impairment
  • Blood Tests: Detect drugs but cannot accurately determine impairment levels

Because drugs affect different people in different ways, you can test positive even if you weren’t impaired while driving. This flawed testing is one of the strongest defenses in drug DUI cases.

Why You Need a Lawyer to Fight Drug DUI Penalties

Many DUI drug cases rely on inaccurate evidence and flawed testing procedures. Having a skilled DUI attorney can mean the difference between harsh penalties and a reduced or dismissed charge.

Call Front Range DUI Defense at (719) 294-0566  today for a free case evaluation and start building your defense.

How Police Investigate Drug DUIs in Colorado

Unlike alcohol-related DUI cases, where a breathalyzer can quickly measure blood alcohol content (BAC), drug-related DUI (DUID) investigations rely on subjective observations, field sobriety tests, and chemical testing—all of which have major flaws. If you were arrested for a DUI for drugs in Colorado, understanding how police determine impairment is critical to building your defense.

Traffic Stops & Field Sobriety Tests: The First Step in a Drug DUI Arrest

Most DUI drug arrests start with a routine traffic stop. Officers typically pull drivers over for:

  • Erratic driving behavior (weaving, slow response to signals, or excessive speed)
  • Failure to maintain a lane or obey traffic signs
  • Accidents or near-misses
  • Reports from other drivers

Once stopped, the officer will look for visible signs of impairment, including:

  • Bloodshot or droopy eyes
  • Slow or slurred speech
  • Confusion or delayed responses
  • The smell of marijuana or prescription pill bottles in the car

The officer may then ask the driver to perform field sobriety tests (FSTs), such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) test.

Why This Is Flawed: Field sobriety tests are not designed to detect drug impairment—they were developed for alcohol-related impairment. Many medical conditions, anxiety, or even the stress of being pulled over can lead to false signs of impairment.

Drug Recognition Experts (DREs): Are They Reliable?

If the officer suspects drug impairment, they may call a Drug Recognition Expert (DRE) to conduct a specialized evaluation. A DRE is a police officer with additional training in recognizing drug impairment.

A DRE evaluation includes:

  • Measuring pupil size and reaction to light
  • Checking pulse rate and blood pressure
  • Testing balance and coordination
  • Asking about drug or prescription medication use

The Problem: DRE evaluations are highly subjective and unreliable. Unlike breathalyzers for alcohol, there’s no universal standard for determining impairment for most drugs. A DRE’s opinion can be challenged in court, especially if they lack experience or misinterpret medical conditions as impairment.

Blood Testing: Can It Prove Impairment?

If the officer believes you’re under the influence of drugs, you will likely be asked to submit to a blood test under Colorado’s Express Consent Law. Refusing the test results in automatic license suspension. Blood tests detect active drug compounds, which are used to assess impairment.

Why This Is Flawed:

Prescription drugs like Xanax or Ambien can affect people differently, making impairment difficult to determine.
THC levels in the blood do not always correlate with impairment, as effects vary based on frequency of use, metabolism, and dosage.

This means you could test positive for a drug even if you were not impaired while driving.

Why You Need a Lawyer to Challenge Drug DUI Evidence

Many DUI drug cases rely on flawed testing, officer opinions, and inaccurate science. A skilled DUI defense attorney can:

  • Challenge the validity of field sobriety tests
  • Question the accuracy of blood test results
  • Expose errors in DRE evaluations
  • Argue that medical conditions or anxiety led to false impairment signs

If you were arrested for a DUI for drugs in Colorado, you need a strong legal defense to fight these unreliable testing methods.

Call Front Range DUI Defense at (719) 294-0566 today for a free case evaluation and learn how we can challenge your DUI for drugs charge.

Defenses Against a DUI for Drugs Charge in Colorado

A DUI for drugs charge does not automatically mean a conviction. Many cases rely on flawed evidence, subjective police observations, and unreliable testing methods—all of which can be challenged in court. With the right legal strategy, you may be able to reduce the charges, negotiate lesser penalties, or even have your case dismissed entirely.

Challenging the Traffic Stop: Did the Officer Have a Valid Reason to Pull You Over?

Under the Fourth Amendment, police officers must have reasonable suspicion that a traffic violation or crime occurred before stopping a driver. If the officer lacked legal justification for pulling you over, any evidence obtained during the stop—including field sobriety tests and blood test results—may be suppressed in court.

Potential Defense: If the officer stopped you without reasonable suspicion or probable cause (e.g., no clear traffic violation or erratic driving), we can file a motion to suppress evidence, which could lead to case dismissal.

Questioning Field Sobriety Tests: Unreliable for Drug Impairment

Field sobriety tests (FSTs) are not scientifically designed to measure drug impairment. These tests were developed for alcohol-related DUIs, and many factors—nervousness, fatigue, medical conditions, or even uneven pavement—can cause false signs of impairment.

Potential Defense: We can argue that poor FST performance was due to factors other than drug impairment, weakening the prosecution’s case.

Attacking Blood Test Results: Were They Accurate and Legally Conducted?

Blood tests are often presented as conclusive evidence, but they are far from infallible. Several factors can compromise the accuracy of blood test results, including:

  • Failure to follow CDPHE guidelines for collection of the sample.
  • Improper storage or contamination of the sample
  • Errors in testing procedures at the lab

Potential Defense: If errors occurred during blood sample collection, handling, or testing, we can challenge the validity of the results and seek to have them excluded from evidence.

Proving Innocence in Prescription Drug Cases: A Legal Prescription Doesn’t Equal Impairment

Many drivers charged with DUI for prescription drugs were taking legally prescribed medications as directed. Unlike alcohol, there is no clear legal limit for most prescription drugs, making it difficult for prosecutors to prove actual impairment beyond a reasonable doubt.

Potential Defense: We can present medical records and/or expert testimony to demonstrate that:

  • You were taking your medication as prescribed
  • The medication did not impair your ability to drive
  • The officer wrongfully assumed impairment based on symptoms unrelated to drug use

Medical Conditions & False Signs of Impairment

Certain medical conditions and neurological disorders can mimic signs of drug impairment, leading to false arrests. For example:

  • Diabetes or low blood sugar can cause confusion, dizziness, and slurred speech
  • Inner ear disorders can affect balance, leading to failed field sobriety tests
  • Neurological conditions may cause tremors or involuntary eye movements mistaken for impairment

Potential Defense: If a medical condition contributed to the officer’s mistaken belief that you were impaired, we can provide medical documentation and/or expert testimony to prove your innocence.

Examining Officer Misconduct: Did Law Enforcement Follow Proper Procedures?

Law enforcement officers must follow strict protocols when conducting DUI investigations. If they fail to follow procedures, it could invalidate the case. Common police errors in drug DUI cases include:

  • Failure to properly advise the suspect of their rights
  • Improper administration of field sobriety tests
  • Lack of probable cause for arrest
  • Improper collection or handling of blood test samples

Potential Defense: Any procedural violations can be used to challenge the validity of the arrest, potentially leading to evidence suppression or case dismissal.

Why You Need an Experienced DUI Lawyer to Fight Your Charges

Drug-related DUIs are more complex than alcohol DUIs because they rely on subjective officer opinions and scientific testing that can be flawed. A skilled DUI defense attorney can:

  • Expose weaknesses in the prosecution’s case
  • Challenge unreliable testing methods
  • Negotiate for reduced charges or alternative sentencing
  • Work to have the case dismissed when evidence is weak

The sooner you act, the stronger your defense will be. Don’t let a DUI for drugs charge affect your future.

Call Front Range DUI Defense at [Phone Number] today for a free case evaluation and let us fight for you.

Why You Need a DUI Attorney for a Drug-Related DUI in Colorado

A DUI for drugs charge in Colorado is a serious legal matter with consequences that can impact your freedom, job, finances, and future opportunities. Unlike alcohol-related DUIs, where legal limits are well-defined, drug DUI cases rely on subjective assessments, flawed testing, and prosecutorial discretion—making them potentially highly defensible with the right attorney.

At Front Range DUI Defense, we fight drug-related DUI charges and have the experience, knowledge, and strategies needed to challenge the prosecution’s case.

Why Drug DUIs Can Be Harder to Prove Than Alcohol DUIs

Unlike alcohol DUIs, where a BAC of 0.08% or higher automatically leads to a charge, drug DUIs are based on opinion, unreliable testing, and subjective observations. Many DUI drug cases are built on weak evidence that can be challenged and dismantled by a skilled lawyer.

  • No universal legal limit for most drugs – Prosecutors must prove actual impairment, which is difficult without objective evidence.
  • Subjective officer assessments – Arrests often rely on field sobriety tests and Drug Recognition Experts (DREs), which are potentially highly fallible.
  • Blood tests are not conclusive – Detecting drugs in the blood does not prove impairment, as many substances affect people differently.
  • Medical conditions and legal medications – Symptoms from fatigue, anxiety, or neurological disorders can be misinterpreted as drug impairment.

What This Means for Your Case: If the prosecution cannot prove actual impairment, your charges could be reduced or dismissed.

How an Experienced DUI Attorney Can Help Your Case

A DUI lawyer experienced in drug-related charges understands the legal weaknesses in the prosecution’s case and knows how to strategically challenge the evidence against you.

Investigating the Arrest & Challenging Police Reports

  • Was the traffic stop lawful?
  • Did the officer follow proper DUI procedures?
  • Were field sobriety tests administered correctly?

Challenging Blood Test Results & Toxicology Reports

  • Were blood samples handled and stored properly?
  • Was the toxicology testing process flawed?
  • Did the results truly indicate impairment or just past use?

Questioning the Drug Recognition Expert (DRE) Findings

  • Did the DRE officer have proper training and certification?
  • Were there alternative explanations for alleged impairment signs?
  • Did medical conditions or stress cause false positives in their evaluation?

Negotiating for Reduced Charges or Case Dismissal

  • If the prosecution’s case is weak, we may be able to reduce the DUI charge to DWAI or another lesser offense.
  • If police errors or testing flaws exist, we can argue for reduced charges or case dismissal before trial.

What This Means for You: With an attorney fighting for you, you stand a much better chance of avoiding the worst penalties, such as jail time, extended license suspension, and a permanent criminal record.

The Cost of NOT Hiring a DUI Attorney

A DUI for drugs conviction can cost you far more than legal fees. Without proper legal defense, you run a higher risk of:

  • Permanent criminal record that can impact employment and housing opportunities
  • Higher car insurance rates or even loss of coverage
  • Driver’s license suspension or revocation
  • Potential jail time for repeat offenses
  • Fines, court costs, and mandatory drug education courses

What This Means for You: Hiring an attorney is an investment in your future—the right defense can save you thousands of dollars and prevent life-altering consequences.

Take Action Now: Protect Your Future with Front Range DUI Defense

If you’ve been arrested for DUI for drugs in Colorado, don’t wait. The prosecution is already building their case—you need to start building yours.

Call Front Range DUI Defense at (719) 294-0566 today for a free case evaluatino and let us fight for you.

FAQs About DUI for Drugs in Colorado

If you’ve been charged with a DUI for drugs in Colorado, you probably have a lot of questions about what happens next. Below are answers to some of the most common concerns we hear from clients facing these charges.

  1. Can I get a DUI for taking my prescribed medication?

Yes. Even if you have a valid prescription, you can still be charged with DUI for drugs if law enforcement believes the medication impaired your ability to drive. This applies to:

  • Painkillers (Oxycodone, Hydrocodone, Vicodin, Codeine)
  • Anti-anxiety medications (Xanax, Valium, Ativan)
  • ADHD medications (Adderall, Ritalin, Vyvanse)
  • Sleep aids (Ambien, Lunesta, Trazodone)
  1. How does Colorado test for drug-related DUIs?

Colorado law enforcement uses:

  • Field Sobriety Tests (FSTs) – Officers assess balance, coordination, and reaction times.
  • Drug Recognition Experts (DREs) – Specially trained officers evaluate signs of drug use.
  • Blood Tests – Used to detect the presence of drugs in the system.
  1. Will I lose my driver’s license if I get a DUI for drugs?

Yes. A DUI for drugs triggers administrative penalties through the Colorado Department of Revenue (DMV), which can suspend your license even before a criminal conviction.

  • First Offense: 9-month license suspension
  • Second Offense: 1-year suspension
  • Third Offense: 2-year suspension

Defense Strategy: You have the right to challenge your license suspension at a DMV hearing, but you must request a hearing within 7 days of your arrest.

  1. Can I refuse a blood test for a DUI for drugs?

Under Colorado’s Express Consent Law, refusing a blood test results in:

  • Automatic 1-year license suspension (first refusal)
  • Mandatory ignition interlock device for 2 years upon reinstatement
  • Designation as a “persistent drunk driver” (even if drugs, not alcohol, were involved)
  • Mandatory drug and alcohol education programs
  1. What are the penalties for a first-time DUI for drugs in Colorado?

A first-time DUI for drugs carries the same penalties as an alcohol DUI, including:

  • 5 days to 1 year in jail (may be suspended with treatment)
  • Fines of $600 to $1,000
  • Up to 9 months of license suspension
  • Mandatory drug and alcohol education programs
  • Up to 96 hours of community service
  1. What happens if this is my second or third DUI for drugs?
  • Second DUI – Mandatory 10 days in jail, up to 1 year
  • Third DUI – Mandatory 60 days in jail, up to 1 year
  • Fourth DUI – Felony DUI, 2 to 6 years in prison, and up to $500,000 in fines
  1. Can I get a DUI for marijuana in Colorado?

Yes. Even though marijuana is legal in Colorado, you can still be charged with DUI if officers believe it impaired your driving.

  • Colorado law sets a limit of 5 nanograms of THC per milliliter of blood
  • You can be charged even if you are below this limit if officers suspect impairment
  • Medical marijuana users are not exempt from DUI laws
  1. Can I be charged with a DUI if I was only using over-the-counter medication?

Yes. Certain over-the-counter (OTC) medications can lead to DUI arrests, including:

  • Cold and allergy medications (Benadryl, NyQuil, Sudafed)
  • Motion sickness pills (Dramamine, Meclizine)
  • Cough suppressants (Dextromethorphan, Robitussin DM)
  1. What should I do if I’ve been arrested for a DUI for drugs?

Follow these steps immediately to protect your rights:

  • Remain silent – Do not admit to taking any substances.
  • Do not agree to field sobriety tests – These are voluntary and can be used against you.
  • Request a lawyer immediately – The sooner you get legal representation, the better.
  • Request a DMV hearing within 7 days – To fight your license suspension.
  • Do not plead guilty without speaking to an attorney – You may have strong defenses available.

Take Action Now: Protect Your Future with Front Range DUI Defense

Being charged with a DUI for drugs in Colorado can feel overwhelming, but you don’t have to face it alone. The prosecution is already building a case against you— now is the time to take control of your defense. A conviction could mean jail time, a permanent criminal record, and the loss of your driver’s license. But with the right legal strategy, you can fight back and protect your future.

Don’t Face This Alone – Get a Free Case Evaluation Today

If you’ve been charged with DUI for drugs in Colorado, now is the time to act. The sooner you contact a skilled DUI attorney, the stronger your defense will be.

Call Front Range DUI Defense at (719) 294-0566 now for a free case evaluation or fill out our online form to get started. We’re ready to fight for you.