Last month, I posted about Colorado pressing forward with per se DUI limits for THC in blood. Essentially, this means that if you have a certain level of nanograms of THC per milliliter of blood, Colorado law will presume that you are impaired. Well, according to the Aspen Times, it looks like Colorado is one step closer to a 5 ng reality.
I can't really tell from the article what the minutia of the bill looks like--whether the "limit" will follow the Colorado Driving While Ability Impaired (DWAI) presumption or whether it will follow the Driving Under the Influence (DUI) scheme, along with the DUI and DMV consequences. And while this law would appear on it's face to not be targeting medical marijuana users, it's interesting to note that Colorado already has a driving under the influence of drugs charge that is built around the "totality" of the circumstances that of which the article speaks. It's also common to have testimony about THC levels in blood and what equals impairment or intoxication. It's also interesting to note that Colorado Springs Representative Waller has come out (along with El Paso County District Attorney Dan May) against MMJ.
So why the push for "limits"? It might just be that without them, DA's are having a hard time making a case based on actual driving behavior that the driver's ability to drive is compromised. And the cynic in me thinks our elected officials may be trying to get some "tough on crime" good press.
If you have been cited for a Colorado Springs DUI, make sure you call a good Colorado Springs criminal defense attorney to talk about your case.