Can I get a DUI for driving high?

We all know the consequences and dangers of driving under the influence of alcohol, but do the same rules apply to driving high? Many cannabis consumers feel calmer and more focused after they smoke or take an edible, so that means it’s safe and legal to get behind the wheel, right? Let’s take a closer look.

For starters, driving high is not the norm. A CDOT survey found that most Coloradans agree that driving high is dangerous and choose to never drive under the influence of cannabis. Among those who said they drive high, about half said they would stop if they thought they would get a DUI or if they had a sober friend willing to drive.

So, can you get a DUI for driving high? What exactly does Colorado law say about driving under the influence of cannabis?

The Law

While it’s legal to purchase recreational cannabis in Colorado, getting behind the wheel after consuming it is not. In fact, Colorado police officers are trained to detect and arrest cannabis-impaired drivers.

The law states that driving under the influence of any impairing substance (not just alcohol) is illegal. Drivers with five nanograms of delta-9 tetrahydrocannabinol (THC) per milliliter of whole blood can be prosecuted for DUI. Open weed packaging and the use of cannabis products is also illegal while in a vehicle. The same goes for medical use: Cops can arrest you if they suspect cannabis impairment.

Curious on how long you should wait to drive after getting high? Play it safe and always wait until you’re sober to drive. The majority of Colorado State Patrol troopers have specialized training in drug detection, known as ARIDE (Advanced Roadside Impaired Driving Enforcement). All Colorado law enforcement agencies can administer alcohol and drug toxicology tests to drivers following a fatal DUI crash. Additionally, more than 120 law enforcement officers in Colorado are trained as Drug Recognition Experts (DREs) to identify impairment in drivers under the influence of cannabis and other drugs such as amphetamines, hallucinogens and depressants.

The Consequences

Colorado law enforcement prosecute over 16,000 DUIs each year, which includes arrests for cannabis impairment. Like drunk driving, a DUI arrest for high driving can lead to jail time, license suspension and a cost of over $13,500 when you factor in attorney fees, court fees and fines.

Not to mention, driving high significantly increases the risk of a crash. In Colorado, about one-third of traffic fatalities involve an impaired driver. Avoid a DUI or crash by choosing to never drive high.

For more information on DUI consequences, visit NoDUIColorado.org/court.

The Smart Choice

The bottom line? You can get a DUI for driving high. Driving under the influence of cannabis — especially in combination with alcohol or other drugs — is dangerous and illegal. If you’ve been consuming cannabis, in any form and in any amount, put down the keys and choose a sober ride. It’s always better to use a rideshare service or call a sober friend than risk a DUI for driving high.

For information and resources on cannabis-impaired driving, visit CDOT’s DriveHighDUI.com website. Additionally, CDOT has partnered with Learn Brands, an online budtender education platform, to provide a free interactive cannabis-impaired driving safety course. Access and take CDOT’s Budtender Training Course here.