DUI Involving Drugs (DUID)

Understanding Your Rights When It Comes To Drug-Related DUI Offenses
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DUI Involving Drugs (DUID) Attorney In Denver, Colorado

In Colorado, a person can be charged with a DUID if they are found to be operating a motor vehicle while impaired by drugs to the slightest degree. This includes prescription medications, over-the-counter drugs, marijuana, and illicit substances. The critical factor is whether the driver’s ability to operate the vehicle is significantly affected, regardless of whether the substance is legally obtained or prescribed.


Driving Under the Influence of Drugs (DUID) is a serious offense in Colorado. While most people think of DUIs as being alcohol-related, operating a vehicle under the influence of any drug—whether legal or illegal—can result in criminal charges. At Alfrey & Associates, PC, our experienced attorneys are here to help you navigate the complexities of Colorado’s DUID laws and provide an aggressive defense to protect your rights and freedom.

Colorado’s Legal Limits for Marijuana and Other Drugs

Unlike alcohol, there is no “per se” limit for most drugs in Colorado. However, for marijuana, Colorado law establishes a legal threshold:

  • Marijuana: A driver is considered under the influence if they have 5 nanograms or more of delta-9-tetrahydrocannabinol (THC), the active component in marijuana, per milliliter of blood.


For other drugs, such as prescription medications, stimulants, or narcotics, there is no set limit. Instead, law enforcement relies on field sobriety tests, drug recognition evaluations, and blood test results to determine impairment.

Call Alfrey & Associates, PC at 720-971-1832 to schedule a consultation with a lawyer today.

Can I Fight the Results of a Breath or Field Sobriety Test?

The penalties for a DUID in Colorado are similar to those for an alcohol-related DUI, but there are some distinctions. A DUID conviction can lead to severe legal consequences, including:

  1. First-Time DUID Offense:
  • Jail Time: 5 days to 1 year in jail.
  • Fines: $600 to $1,000.
  • License Suspension: Potential license suspension of up to 9 months.
  • Community Service: 48 to 96 hours of community service.
  • Probation: Mandatory probationary period, often including drug education or treatment programs.

   2. Second DUID Offense:

  • Jail Time: 10 days to 1 year, with a mandatory minimum jail sentence.
  • Fines: $600 to $1,500.
  • License Suspension: 1-year suspension, with potential for longer restrictions.
  • Community Service: 48 to 120 hours.
  • Probation: Up to 4 years of probation, along with monitored sobriety.

   3. Third or Subsequent DUID Offense:

  • Jail Time: 60 days to 1 year, with a minimum of 60 days to be served consecutively.
  • Fines: $600 to $1,500.
  • License Suspension: 2 years or more.
  • Community Service: 48 to 120 hours.
  • Probation: Up to 4 years with more intensive monitoring requirements

Defending Against a DUID Charge

A strong defense strategy is essential when facing DUID charges in Colorado. At Alfrey & Associates, PC, we conduct a thorough investigation of every case, looking for key issues such as:

  1. Lack of Probable Cause: We will review whether the initial stop and arrest were lawful. If the police did not have probable cause to pull you over or lacked sufficient evidence to support a DUID charge, we can move to have the case dismissed.
  2. Inaccurate Chemical Tests: Blood tests are prone to contamination, improper storage, and testing errors. We will scrutinize the testing procedures and results to ensure their accuracy.
  3. Challenging Officer Observations: Many DUID cases hinge on the officer’s observations, which are subjective and may not accurately reflect impairment. We will cross-examine the officer’s statements and present evidence to counter these claims.


At Alfrey & Associates, PC, we understand the serious implications of a DUID charge and are committed to providing the highest level of legal defense for our clients. Our attorneys are well-versed in Colorado’s DUI and DUID laws, and we are dedicated to protecting your rights and minimizing the impact of these charges on your life. If you’ve been charged with a DUI involving drugs in Colorado, contact Alfrey & Associates, PC today. We will review your case, discuss your options, and develop a tailored defense strategy to fight for the best possible outcome.

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Have Questions?

Call Alfrey & Associates, PC at 720-971-1832 today to speak to an attorney.

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