Denver Criminal Defense Attorney Releases Updated Guide for the Criminal Defense of DUI Charges Related to Marijuana and Other Drugs

    DENVER, CO, December 07, 2016 /24-7PressRelease/ -- The criminal defense of a DUI or Vehicular Assault case based on impairment by drugs requires a different strategy than alcohol-related driving offenses. Defenses applicable to both types of charges are discussed at http://www.denvercriminalattorney.com/ along with notable distinctions between defense strategies.

Driving under the influence of alcohol charges require a criminal lawyer to challenge the evidence related to impairment based upon an established legal limit. Studies show that a driver's alcohol BAC accurately predicts level of impairment.

In DUI drug charges, blood content may be unreliable evidence of the driver's level of intoxication because it shows residual drug present in blood from prior consumption that is no longer having an influence on the driver. This is important in Vehicular Assault cases based on DUI drugs, as significant prison time can result following a conviction at trial or plea of guilty, when in fact the driver may not have been driving under the influence at the time of the alleged offense.

The judge in criminal court may not be aware that a drug-recognition expert (DRE) may support the defense that it is residual drug content in the blood. With the passage of legalized marijuana in Colorado, courts are scrambling to establish BAC levels that indicate impairment, however there are great challenges because some drugs, including marijuana, leave the driver's system slowly over days, not hours. Website updates describe how a Denver criminal attorney must be well-versed in the pharmacological properties of the drug for which the driver is being charged with DUI or Vehicular Assault.

Denver criminal lawyer explains why BAC levels for drugs like marijuana are inherently unreliable as they are influenced by the drug user's patterns of consumption. The defense of these DUI cases involves the argument that a heavy user of marijuana will have a high BAC for marijuana for days following their most recent use, and long after there is no drug-related impairment.

On a first DUI conviction, the defendant will likely receive probation. However, for Vehicular Assault or Vehicular Homicide cases, a defendant may be convicted and sentenced to lengthy prison terms based on misleading BAC evidence. The fact that police often exaggerate the driver's poor performance on standardized field sobriety tests only increases the likelihood of a false arrest and conviction.

Updates at http://www.denvercriminalattorney.com/ reveal the latest DMV driver's license suspension regulations in Colorado. New Colorado DUI laws allow for early reinstatement of driving privileges for first DUI convictions. Criminal defense updates include why Denver DMV hearing procedure has removed some defenses that are guaranteed by the Constitution in criminal court, and what criminal defense lawyers can do to challenge the evidence in DUI and Vehicular Assault cases. It is necessary for attorneys to be prepared as DUI laws change rapidly due to the legalization of marijuana, and the increased rate at which there are prosecutions for drug-related driving offenses throughout the Denver metro area.

Kevin Churchill handles all criminal defense cases in both state and municipal courts throughout the Denver metro area and in many other Colorado counties.

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