Legal Question in DUI Law in Colorado

DUI charge for marijuana

My son was charged with a DUI for marijana. He was in a car accident, broke his back and had a TBI. In the emergency room, the police officer insisted on a urine test on the basis that there was an ''odor'' and ''lit pipe'' in the truck. My son did admit to smoking marijuana ... but he does not remember the conversation at all due to his head injury and memory loss. The blood test for alcohol was negative. The urine test for marijuana was positive, however, the lab samples were delayed by 3 weeks and showed up unlabeled. He had a previous DUIA, so if he is charged with this DUI he would be facing jail time. The police reports at the scene of the accident have NO odor of marijana noted, nor any lit pipes. First, was the basis of demanding a urine test proper based on police reports at scene that contradict the officer in the hospital? Second, can a urine sample be lost for 3 weeks (it showed up unlabeled)?


Asked on 1/18/06, 5:48 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: DUI charge for marijuana

both of your questions may allow the urine test to be suppressed. In addition, a urine test does not and cannot show whether your son was feeling the affects of MJ at the time of driving. For that, you need a blood test, and even then, it is not great science.

It is my opinion that a jury that hears his admission of MJ use will assume he was high and want to convict for DWAI at least. I would prefer to introduce the urine test and use an expert to explain its limited meaning (that MJ was used in the last few days).

If you got the blood sample and tested it for MJ, you may get a better answer to the question of was your son impaired by MJ at the time of driving?

I would be pleased to work on this case. I have worked with an expert on this exact issue.

Trauma can affect the way the body processes food, drink and other consumed substances. Also an issue.

We might try to suppress the test result to try to get the DA to give a better offer or to try to dismiss the case, but if all that fails, go to trial.

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Answered on 1/19/06, 11:11 am


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