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A DUI-D charge is different from a traditional alcohol DUI, and defending one requires a different strategy. Drug-impaired driving cases often involve blood testing, officer observations, Drug Recognition Expert evaluations, and complicated questions about whether a driver was actually impaired at the time they were behind the wheel. Simply finding a substance in someone’s system does not always tell the whole story.
Tisdell Law Firm represents clients charged with driving under the influence of drugs throughout Evergreen, Jefferson County, and the greater Denver area. Our firm has defended marijuana and drug-related criminal cases since 2009, giving us experience that extends far beyond a standard DUI practice. Led by Attorney Adam Tisdell, who has been recognized by Super Lawyers for Cannabis Law for five consecutive years, we understand the legal and scientific issues that often become the center of a DUI-D prosecution.
If you have been arrested for driving under the influence of marijuana, prescription medication, or another controlled substance, the evidence should be examined carefully before any assumptions are made about your case.
Many people assume a DUI-D arrest only happens after someone uses an illegal drug. Colorado law is much broader than that. A driver can be charged after using marijuana, prescription medication, over-the-counter medication, or a combination of substances if law enforcement believes those substances affected the person’s ability to drive safely.
Cases we regularly see involve allegations related to:
Every substance affects people differently. A medication that causes one person to feel impaired may have little or no effect on someone who has taken it as prescribed for years. That is one reason DUI-D cases deserve a thorough investigation instead of relying on assumptions made during a roadside stop.
Unlike alcohol DUI cases, there is no universally accepted measurement that automatically proves a driver was impaired by drugs. Prosecutors typically build their case by combining several different pieces of evidence and asking a jury to look at the entire picture rather than relying on one test result.
Evidence commonly introduced in Colorado DUI-D prosecutions includes:
An officer may testify about driving behavior, physical appearance, speech patterns, balance, or other observations made before and after the traffic stop. Those observations are subjective, and they can often be challenged after reviewing dash camera footage, body camera recordings, and witness statements.
Standardized field sobriety tests were originally developed to detect alcohol impairment. They are frequently used during DUI-D investigations, even though fatigue, medical conditions, anxiety, uneven pavement, weather, and numerous other factors can affect a person’s performance. Poor performance on these exercises does not necessarily establish that someone was impaired by drugs.
Many DUI-D investigations involve a blood draw after an arrest. Blood testing may detect THC or another controlled substance, but detecting a substance is not the same as proving impairment. Depending on the drug involved, traces may remain in the body long after any impairing effects have ended. Interpreting those results often requires a much deeper analysis than simply reading a laboratory report.
Some investigations include an evaluation by a Drug Recognition Expert, often referred to as a DRE. These officers receive specialized training intended to identify signs of drug impairment, but their conclusions are still based on observations and standardized procedures that can be questioned. Reviewing how the evaluation was performed, whether protocols were followed, and whether alternative explanations existed may become an important part of the defense.
Colorado legalized recreational marijuana years ago, but driving while impaired remains a criminal offense. That distinction creates confusion for many drivers who believe that using cannabis legally means they cannot be arrested for DUI-D.
Marijuana cases are different because THC behaves differently than alcohol. Unlike alcohol, THC does not have a straightforward relationship between the amount found in a person’s blood and that person’s level of impairment. Depending on the individual, cannabis may remain detectable well after any impairing effects have worn off. That makes these cases far more complicated than many people realize.
Attorney Adam Tisdell has spent years defending marijuana-related criminal cases throughout Colorado. His experience handling cannabis prosecutions gives Tisdell Law Firm insight into issues that many general DUI practices rarely encounter, including laboratory testing, evolving cannabis laws, and the science surrounding THC.
Our firm’s approach is simple. We examine the evidence collected during the investigation, evaluate the blood testing procedures, review the officer’s observations, and determine whether the prosecution can actually prove impairment instead of simply proving marijuana was present.
GOT WEED? We’ve built our reputation defending marijuana-related criminal cases, and that experience carries directly into DUI-D defense.
Not every DUI-D arrest involves recreational drug use. Many clients come to us after taking medication exactly as their physician instructed. They never expected to face criminal charges because they believed they were following the law.
Prescription medications commonly involved in DUI-D cases include opioid pain medication, anti-anxiety prescriptions, sleep medications, muscle relaxers, ADHD medication, seizure medication, and certain antidepressants. Even when these medications are legally prescribed, officers may claim they affected a driver’s ability to safely operate a vehicle.
A valid prescription does not automatically end the case, but it also does not prove someone was impaired. Prosecutors still have the burden of showing that the medication actually affected the driver’s ability to operate a motor vehicle. That distinction matters, especially when the evidence consists primarily of subjective observations rather than objective proof.
Every criminal case deserves an individualized defense. Drug DUI investigations often contain weaknesses that are not immediately obvious, particularly when officers rely heavily on assumptions or incomplete evidence.
Depending on the circumstances, the defense may focus on issues such as:
The strongest defense is rarely built around a single issue. Instead, it comes from carefully examining every stage of the investigation and identifying where the prosecution’s evidence falls short.
Many criminal defense attorneys handle DUI cases. Far fewer have spent years defending marijuana offenses and federal drug prosecutions. That experience becomes especially valuable when cannabis, controlled substances, or prescription medication form the foundation of the state’s case.
Since 2009, Tisdell Law Firm has represented clients facing marijuana charges, drug crimes, and complex criminal cases throughout Colorado. Our attorneys understand how drug investigations are conducted, how laboratory evidence is presented, and where prosecutors often encounter challenges when attempting to prove impairment.
That experience allows us to evaluate DUI-D cases from multiple perspectives rather than treating them as routine traffic offenses. Every case receives a strategy tailored to the evidence, the circumstances surrounding the arrest, and the client’s long-term goals.
Choosing a criminal defense attorney is one of the most important decisions you will make after a DUI-D arrest. You need a legal team that understands Colorado criminal law, has experience with marijuana and drug-related cases, and knows how to challenge complex evidence.
Clients choose Tisdell Law Firm because we offer:
Every case starts with understanding what happened during the investigation and building a defense around the facts instead of assumptions.
A conviction for driving under the influence of drugs can lead to jail time, fines, driver’s license consequences, probation, mandatory treatment programs, and a permanent criminal record. The decisions made in the days following an arrest can have a significant impact on the outcome of your case.
If you have been charged with DUI-D in Evergreen, Jefferson County, or anywhere in the greater Denver area, speak with Tisdell Law Firm as soon as possible. We will review the evidence, explain your options, and develop a defense strategy built around the facts of your case and our years of experience handling marijuana and drug-related criminal charges throughout Colorado.
