Colorado Drugged Driving:
A Guide to Marijuana Impaired Accidents
Denver-based attorney R. Mack Babcock represents injured parties of accidents caused
by marijuana DUI or intoxication
Our Denver car accident attorneys have extensive experience handling injury cases. It doesn’t matter if you have a minor scrape or a major collision, we are here for you.
In 2012, Colorado became the second state in the U.S. to legalize recreational marijuana, and on January 1, 2014, shops began opening across the state. Although marijuana, like beer, wine and liquor, may be technically legal now, it’s still ILLEGAL to drive under the influence of the drug.
How does drugged driving impact accidents?
Since 2012, when Colorado legalized recreational marijuana, the Highway Loss Data Institute (HLDI) estimates that collision claims in Colorado have increased by 7.2%.
To what extent marijuana can impair someone is rather unclear, but several studies have confirmed that a user can experience temporary impairment for up to 4 hours after using the drug. Marijuana has been shown to have effects on steering, headway control, speed variability, slower reaction time and lane drifting.
According to data from the National Highway Traffic Safety Administration (NHTSA), more than half of drivers (56%) involved in crashes that resulted in serious injuries or fatalities tested positive for drugs.
Currently, the only reliable way to test for marijuana is through a blood test, which is extremely cumbersome. Colorado laws for marijuana and driving set a legal limit of 5 nanograms of THC per milliliter of blood. THC is Tetrahydrocannabinol, which is the main psychoactive element in cannabis.
This limit, though, is controversial since THC in the bloodstream doesn’t necessarily indicate impairment. Unlike alcohol, marijuana can stay in a user’s system for days or weeks after ingesting it. So, while the intoxicating effects may last for only 2 to 4 hours, the remnants of THC can remain in the bloodstream for much longer.
Signs of marijuana impaired driving
It’s important to watch for signs of drugged driving and report anyone who might be a danger to others on the road. Drivers who exhibit any of the following could be driving under the influence of marijuana or other drugs:
- Delayed reaction times. Slower response to traffic signals, unexpected stops, or other changes in traffic flow.
- Impaired coordination. Difficulty in executing standard driving maneuvers, such as making turns or maintaining steady steering.
- Altered perception. Misjudging distances and speed, which can lead to following too closely or inappropriate speeding.
- Difficulty maintaining lane position. Drifting or swerving between lanes, as well as hugging lane markers.
- Poor judgment. Making unusual or risky decisions, such as unsafe lane changes or turning inappropriately.
- Decreased attention to driving. Easily distracted or unable to focus on the task of driving, missing exits, or ignoring traffic signs.
If you observe such behavior, try to maintain a safe distance from the driver. Also, get the license plate number and details of the color, make and model of the vehicle if you can. Pull over to a safe place, call 911 and provide them with the information.
What is the difference between a DUI and a DWAI in Colorado?
Before we discuss the penalties for drugged driving, let’s first discuss the difference between a DUI and a DWAI.
Driving under the influence, or DUI, refers to operating a vehicle after consuming alcohol, drugs, or both to an extent where an individual is significantly impaired, either mentally or physically, preventing them from exercising sound judgment, maintaining adequate physical control, or practicing due care in safely managing a vehicle.
Driving while ability impaired, or DWAI, denotes a similar condition, but it requires only a minimal impairment level, such that the individual’s ability to drive is slightly reduced compared to their normal capability.
What’s the penalty for drugged driving in Colorado?
According to Colorado law, a person convicted of a first-time DWAI, or driving while ability impaired, can be sentenced to 2 to 180 days in jail and ordered to pay a fine of $200 to $500 and perform 24 to 48 hours of public service. Additionally, they could get up to 8 points on their license.
These penalties can increase significantly in accidents involving serious injuries or fatalities. In addition to these criminal penalties, drugged drivers who cause accidents may also face civil liability through personal injury lawsuits for the harm and financial losses inflicted upon their victims.
Drugged driving accident compensation
Regardless of legalization laws, if you’re seriously injured in a car accident by a driver under the influence of marijuana, you have a right to compensation. Depending on the specifics of your case and the extent of your injuries, compensation can cover:
- Medical expenses. This includes costs for immediate treatment following the accident and any ongoing medical care you may require, such as surgeries, hospital stays, medications, physical therapy and rehabilitation.
- Lost wages. If your injuries prevent you from working, you can be compensated for the wages you’ve lost during your recovery period. This can also extend to a loss of earning capacity if your injuries impact your ability to earn income in the future.
- Physical and emotional suffering. This includes compensation for the emotional distress as well as the physical pain and suffering you’ve endured as a result of the accident. This can also cover mental anguish, loss of enjoyment of life, and the impact of any permanent disabilities or disfigurements.
- Property damage. If the accident resulted in damage to your vehicle or personal property, you could be reimbursed for the repair or replacement costs.
- Punitive damages. In some cases, where the behavior of the drugged driver is found to be particularly reckless, punitive damages may be awarded as a form of punishment to deter similar actions in the future.
- Wrongful death. If the drugged driving accident resulted in a fatality, the deceased’s family members might be entitled to compensation for wrongful death, including funeral and burial expenses, loss of financial support, and loss of companionship.
In many cases, the best course of action after a marijuana impaired driving accident is to seek the assistance of a car accident attorney. They can help you gather evidence to prove liability, provide an accurate estimate of your damages, and fight for the compensation you deserve.
Were you injured by a drugged driver in Colorado?
If you’ve been injured by a drugged driver in Colorado, navigating the aftermath alone can be overwhelming. The complexities of legal proceedings, combined with the challenge of recovering from your injuries, demand expert guidance and support.
This is where The Babcock Law Firm steps in.
Our seasoned Denver car accident attorneys are adept at handling cases involving impaired driving, and we’re committed to ensuring that justice is served. By leveraging our extensive knowledge of Colorado’s laws and our dedication to our clients, we aim to secure the compensation you rightfully deserve for your suffering and losses.
