While you are able to do so, impaired driving under the influence of alcohol or any other drugs, even legal ones, such as marijuana, is a crime in every state in the U.S. It is described under statute 42-4-1301, C.R.S. DUI. It is unsafe and illegal which is why if you’ve been caught driving while impaired, it can get you arrested. So to answer your question, yes, you do need a lawyer. Even though using marijuana is legal for adults in Colorado, police officers can still arrest you.

Let’s dig deeper into some questions that would help answer your question further if you do need a lawyer or not. What is the DUI of marijuana in Colorado?


Driving under the influence of cannabis is usually a misdemeanor. You are substantially incapable physically as well as mentally to safely operate a vehicle. There is no DUI test per se of marijuana, unlike alcohol, to prove that you were unable to drive safely.  There must be evidence which might include the following:

  • You were driving too slow or too fast.
  • The police officer was able to smell weed from you or the car.
  • There was marijuana or drug paraphernalia found in your car.
  • You violated the state’s traffic laws.
  • Your car was crisscrossing in & out of the lane.
  • You had slurred speech and bloodshot or stoned eyes.


When weed affects you in the slightest, DWAI (driving while ability impaired) with marijuana makes you less able both mentally and physically to operate an automobile than you ordinarily would have been. It doesn’t take much impairment to be guilty of this crime. However, unlike alcohol, no test can prove that you are or are not high.

The THC amount in your blood while getting arrested by an officer who thinks you are DWAI will be one factor for the law court to consider. The state of Colorado has no set limit for how many drugs, specifically marijuana, you can take when you drive.

The effects of cannabis vary:

  • Experience with using drugs
  • Strength or effect of the weed
  • Strain of marijuana
  • Other substances in your system
  • If you have eaten or taken anything else
  • Mode of administration (vape, tincture, smoked or eaten)


Penalties and consequences of DWAI marijuana are the same as driving while ability impaired of alcohol. Similar to this, the DUI of weed is the same as DUI of alcohol: pay a fine, increased insurance costs, loss of your driving privilege, and jail time.

It also includes the following:

  • Term of probation
  • Suspension of the license for ninety days to a year
  • Fine ($500 – $2,000)

However, laws vary from state to state that can influence sentencing. Defenses to this crime commonly depend on the facts of your case. These may include a blood test, or if there is no reasonable basis for suspecting you of drug use. Driving poorly could result from other reasons, such as being distracted, sick, tired, etc.

In Colorado, the driver needs to test positive for five nanograms of THC to be arrested for DUI of marijuana. If necessary, police can charge based on observed impairment. Don’t think that a prescription will keep you from getting cited for a DUI just because it’s medical marijuana. 

When you’re about to travel, there are things you need to remember: 

First, leaving Colorado with any federally illegal product is against the law. Second, since cannabis is still illegal under federal law, you can’t use marijuana on national parks and national forests or anywhere on federal land.

To sum it all up, you should definitely get a lawyer if you’ve been pulled over for driving high on weed in the centennial state. As stated above, it is a crime. Get help now and start looking for the right lawyer for your DUI Case.