What constitutes “driving while high” on marijuana?


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What constitutes “driving while high” on marijuana?

Police in Colorado have a standardized means for testing whether someone is driving while intoxicated by alcohol. Tests for drunk driving include field sobriety tests to observe a person’s behavior and ability to perform basic tasks. They also include Breathalyzer, urine and blood tests to measure the driver’s blood alcohol content. Not only that, but most responsible drivers have a general sense for whether they can safely drink an alcoholic beverage or two and get behind the wheel without being over the .08 percent BAC limit in Colorado.

But what about marijuana and THC? Many driver’s don’t know how many puffs of marijuana or how many marijuana candies they can consume and still safely drive.

Do we even know what is “too high to drive”?

According to a representative of the California Office of Traffic Safety, “Basically, it’s pretty well acknowledged that an actual impairment level from marijuana has not been established.” He further points out that, “It’s not as simple as it is with alcohol, where it pretty much reacts the same from person to person.”

In the state of Washington, the rule is simple: If someone tests to have over 5 nanograms per milliliter of THC in his or her system, the individual is too high to legally drive and can be convicted of intoxicated driving. Colorado law takes a nod to this 5 nanograms per milliliter limit but it’s not as cut and dried. A Colorado jury can rule that someone with this amount of THC was too high to drive, but defendants can also attempt to argue in court that they weren’t impaired while operating their vehicles at this blood content level.

Make sure you prepare your driving while high defense carefully

Defendants facing high driving charges in Colorado may be able to successfully defend themselves against the allegations depending on the unique circumstances of their cases. If you’ve been accused of driving while high, make sure that you understand Colorado intoxicated driving laws and prepare your criminal defense with care. Even if you can’t achieve a verdict of “not guilty,” you may still be able to improve your legal situation significantly.