The Complex World of Drug DUIs: Navigating Colorado's Challenging Legal Landscape

At Mile High Legal, our Denver drug DUI attorneys understand that defending against a drug-impaired driving charge is far more complicated than a typical alcohol-related DUI. The nuanced nature of drug recognition, testing, and prosecution creates a legal minefield that requires sophisticated legal strategies.

The Unique Challenges of Drug DUI Defense

Unlike alcohol-based DUIs, drug impairment presents a complex challenge for both law enforcement and legal defense. [CRS 42-4-1301(1)(a)] creates a broad framework that allows prosecution for impairment from virtually any substance – legal or illegal.

Why Drug DUIs Are Different

  • No clear "per se" limit like alcohol's .08% BAC

  • Subjective assessment of impairment

  • Wide range of substances that can trigger charges

  • Sophisticated chemical testing requirements

  • Complexity of proving actual impairment

The Critical Blood Test Dilemma

In Colorado, the blood test procedure for drug DUIs is particularly intricate:

Limited Test Options

Unlike alcohol-related stops, officers can only require a blood test when they suspect drug impairment. This critical distinction means:

  • No breath test alternative

  • Specialized drug recognition protocols

  • Increased scrutiny of officer's probable cause

Your Right to Refuse: A Double-Edged Sword

While you technically have the right to refuse a blood test, this decision comes with significant consequences. Colorado's Express Consent Law requires any driver to consent to a chemical test if a police officer has reasonable grounds to believe the person is driving under the influence or their ability to operate a motor vehicle is impaired because of alcohol, drugs or both. 

Colorado revokes driving privileges for any individual who fails to cooperate with the chemical testing process requested by an officer during the investigation of an alcohol or drug-related DUI arrest (CRS 42-2-126).,

See: https://dmv.colorado.gov/alcohol-dui

Potential Consequences of Refusal

  • Automatic driver's license revocation

  • Potential "Persistent Drunk Driver" designation

  • Adverse inference at trial

  • Mandatory ignition interlock installation

Strategic Considerations

Refusing a blood test can be a strategic decision that:

  • Limits direct chemical evidence

  • Reduces precise drug identification

  • May complicate prosecution's case

  • Potentially reduces specific drug impairment charges

Broad Definition of "Drugs"

Our attorneys emphasize that [CRS § 18-18-102] defines "drugs" extraordinarily broadly, including:

  • Illegal street drugs (cocaine, heroin, methamphetamine)

  • Prescription medications

  • Over-the-counter pharmaceuticals

  • Medical marijuana

  • Controlled substances

  • Even certain inhalants

A DUID charge can arise from impairment by:

  • Prescription pain medications

  • Anxiety treatments

  • Sleep aids

  • Muscle relaxants

  • Any substance affecting mental or physical capabilities

Defense Strategies: Challenging the Prosecution

Mile High Legal's drug DUI defense approach involves:

  • Challenging officer's drug recognition expertise

  • Scrutinizing blood test procedures

  • Examining potential medical explanations

  • Challenging subjective impairment assessments

  • Exploring constitutional violations during arrest

Unique Evidentiary Challenges

  • No clear impairment threshold for most drugs

  • Subjective field sobriety tests

  • Potential medical condition misinterpretation

  • Complex toxicology interpretations

Potential Penalties

Misdemeanor Level

  • 5 days to 1 year imprisonment

  • $600 to $1,000 in fines

  • Mandatory public service

  • License suspension

Felony Level (with prior convictions)

  • Up to 6 years in state prison

  • Fines up to $500,000

  • Mandatory parole

Why Professional Legal Representation Matters

Drug DUI cases are rarely straightforward. The intersection of:

  • Subjective impairment assessment

  • Complex chemical testing

  • Broad substance definitions

  • Evolving legal interpretations

Demands sophisticated legal representation.

Facing a Drug DUI Charge? Don't Navigate This Alone.

Mile High Legal offers:

  • Comprehensive case evaluation

  • Aggressive defense strategies

  • Deep understanding of Colorado drug laws

  • Personalized legal guidance

Disclaimer: This information is for educational purposes. Each case is unique, and past results do not guarantee future outcomes.

Contact Mile High Legal Today for a Confidential Consultation