Do I Need to Be Concerned About CBD DUIs?
Cannabidiol, more commonly referred to as CBD, is a chemical found in Marijuana plants and is often used for relaxation or pain management. CBD only contains very small amounts of Tetrahydrocannabinol (THC), the psychoactive substance found in the recreational drug cannabis.
In Colorado, CBD products are legal and available for purchase at dispensaries. The risk of being charged for Driving Under the Influence of Drugs (DUID) for taking CBD products is extremely low due to the low level of THC in CBD.
If you are facing a DUID charge in Colorado, the skilled attorneys at Whitaker & Penix, LLC will passionately defend you and ensure your rights are upheld. Call us today at (970) 368-0602 for a free case consultation.
Risks of Driving Whilst Using CBD
A DUI charge, as a criminal offense, is not a small matter. If you are taking CBD products, you may be concerned about whether it is legal for you to drive whilst you use them.
CBD, unlike cannabis, does not impair a person’s reaction times, motor control, or judgment. Consequently, it is relatively safe to drive whilst under the influence of or actively taking CBD products.
Whilst CBD can cause side effects such as a dry mouth or reduced appetite, these are unlikely to affect a person’s driving ability. However, in some people, CBD can cause drowsiness or fatigue, and for these individuals it may be wise to limit or avoid driving during periods of CBD-induced tiredness.
Colorado CBD Laws
In Colorado, one of the most progressive states regarding cannabis, it is legal to possess and use CBD products of any THC level. At a federal level, however, CBD products that contain more than 0.3% THC are illegal.
As CBD should not generally affect a person’s driving ability, the risk of being charged with a DUID for driving whilst taking CBD products is extremely low. It is only when a person undergoes testing and the results show that they have taken more than five nanograms of active THC and operating a vehicle that a DUID charge may apply. Notably, the THC level in CBD is so low that it is unlikely even to be detected by a drug test and is even more unlikely to impair a person’s driving enough to warrant their arrest.
What to Do if You Are Accused of a DUID
If you are accused of a DUID, it is crucial to engage a skilled DUI defense attorney as soon as possible.
If an officer has probable cause to suspect you of driving under the influence of or whilst impaired by drugs, they can require you to take a DUI blood test or impose penalties if you refuse to comply. Our experienced attorneys at Whitaker & Penix, LLC can help establish whether sufficient evidence exists to justify you undergoing this testing.
A successful conviction for a DUI requires particular processes to be followed at each stage by those involved and that the evidence against you is sound. There are many ways that DUI charges can be dismissed or the accused found not guilty, including where the police officer did not have proper grounds to arrest or stop the driver and where the evidence obtained is flawed or was obtained illegally.
At Whitaker & Penix, LLC, our experienced DUI attorneys scrutinize each stage of your arrest and any evidence collected, identifying and attacking any weaknesses in the case against you. If you are facing a DUI charge in Colorado, call us today at (970) 368-0602. We will ensure you know your rights and aggressively fight in your defense.