Colorado criminal defense attorney Doug Richards talks about how to prove a DIU in the state of Colorado.

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With a DUI, the state can prove that you were intoxicated through a number of ways. One is that you aren’t able to do certain balance exercises the way that the officer thinks is appropriate.

Another way is for a breath test to be done and you have a breath alcohol content of 0.08 or higher. A little bit lower for a DWAI in Colorado, but for our purposes let’s just say 0.08.

The other way that they can make a DUI here in Colorado is based on a THC level in your blood. As it stands right now, there’s not a quantified amount that the legislature has said, “This is DUI,” the way that they say 0.08 is a DUI. The legislature has not yet said that having 15 nanograms of THC in your system is DUI. I expect that’s something that’s going to be changing soon. The various district attorney’s offices in the Denver metropolitan area have begun sort of taking a hard-line look at these, saying, “Okay, if you’re 15 nanograms or higher or 5 nanograms or higher, we’re going to consider that a DUI.” That has not been codified in statute yet.