Denver DUI Lawyer Explains BAC and Marijuana Evidence in Impaired Driving Cases
One of the tactics that prosecutors may use to charge someone with a DUI or DUI-D is to combine a person's blood alcohol concentration, or BAC, with the amount of marijuana in their blood. In some cases, while neither may exceed the legal limit, the numbers together can lead to impaired driving charges. In this video, Denver DUI attorney Jake Johnson details one of his recent cases, where a man whose BAC and marijuana levels were both under the limit, but he was still charged with a DUI.
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Myself and another one of the attorneys here at the office, we did try a case up in Boulder about a year ago where our client had been charged with a DUI after having a BAC that was about a .03, and he had a marijuana level which was about a 2 nanogram. Both of those levels separately are under the legal limit, but they tried to charge him and did charge him with DUI and took him to trial because they were arguing that the two levels would have combined to make him impaired. This particular gentleman was, it was not his first DUI, he was looking at a lengthy jail sentence. So we did go to a trial, and we had an expert witness come in and talk about the various levels that he was at, talk about his history smoking marijuana, that he was used to it and at the end of the trial, the jury did find that our expert had kicked up enough dust to counterbalance their expert and they did find him not guilty.
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