Do they need a drug recognition expert for a DUI of drugs in Colorado?

A DUID in Colorado occurs when:

• a person who is operating a motor vehicle has ingested one or more drugs (or a combination of drugs and alcohol); and
• the drugs and/or alcohol render the driver substantially incapable — either mentally and/or physically — to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle

Note that drugs include not just controlled substances but also prescription drugs, over-the-counter drugs, and inhaled glue, aerosol, or other toxic vapors. Cases of driving under the influence of marijuana or opioids are particularly common in Colorado. Other drugs police routinely detect in DUID suspects include:

• cocaine;
• ecstasy;
• GHB;
• heroin;
• meth; and
• PCP

Also note that people suspected of DUID are usually required to submit to a blood test instead of a breath test. This is because breath tests do not detect drugs. The punishment for refusing to take a Colorado DUI blood test include:

• driver’s license revocation;
• mandatory SR-22 insurance;
• installation of an ignition interlock device in the person’s vehicles;
• designation as a Colorado “persistent drunk driver” (PDD); and
• mandatory drug education prior to the license being reinstated

DUID is typically a misdemeanor in Colorado as long as no one gets hurt. But drivers with three past DUI convictions will automatically be charged with a felony for a fourth DUI.

Fighting DUIDs

If a DRE was involved in arresting a DUID suspect, the criminal defense attorney would conduct a thorough investigation in search of instances where the DRE may have made a mistake.

For instance, perhaps the DRE’s certification lapsed. Or maybe the DRE administered the 12-step protocol incorrectly. Or if too much time elapsed between when the suspect was driving and when the DRE evaluated him/her, the DRE’s assessment may be invalid.

And if no DRE was involved in arresting the suspect, the defendant’s criminal defense attorney can always argue that the arresting officer lacked the knowledge and skill to identify a DUID suspect.