It is illegal to drive in Colorado if you are under the influence of drugs. You may be considered to be impaired if your capability to drive is “impaired to the slightest degree” or “substantially impaired”. There is no distinction between legally obtained prescription drugs and illegal ones. A conviction for driving under the influence of drugs will lead to identical penalties as of driving under the influence of alcohol.
In Colorado, a driving under the influence of drugs carries the same potential penalties as driving under the influence of alcohol. Therefore, for a DUI first offense, the potential jail sentence ranges from five days to one year in county jail.
For the first offense, the sentence can be suspended if a few conditions are honored, like completion of alcohol or drug evaluation and subsequent treatment. Other conditions include compulsory public service that will range from 48 hours and extends up to 96 hours. The amount of fines starts from $600 and reaches a maximum of $1,000.
For driving under the influence of drugs second or third offense, please review our DUI second offense and DUI third offense information pages.
Drugs liable for DUID charge
In Colorado, any drug can support DUID charge. It remains valid for both prescription and illegal drugs.
The common drugs which form basis of impaired driving charge are:
- Any prescription drug
A DUID conviction carries identical penalty to the driver as an alcohol-based drunk vehicle driving charge. There may also be a separate criminal charge like drug possession. There is also a possibility of revoking a driver’s license.
Will a Blood Test Be Taken?
If an officer suspects that you are impaired due to the consumption of a drug versus alcohol, then you will be asked to consent to a blood test, and will not be given the option to take a breath test. However, Colorado permits saliva to be used.
DUID case evidence
Since there is no formal limit regarding the quantity of drugs (besides marijuana) in blood, a DUI drugs charge generally depends on the use of evidence other than drugs to convict you. The police officer may observe your physical appearance, incriminating statements, and bad driving to charge you.