Fighting a DUID Charge: Legal Defenses That Work in Colorado

June 19, 2025

Fighting a DUID Charge: Legal Defenses That Work in Colorado

Facing a DUI involving drugs (DUID) charge in Colorado is serious—and the consequences can affect your freedom, finances, and future. Whether you were using prescription medication, marijuana, or another substance, you still have legal rights. At Alfrey & Associates, PC, we believe in building aggressive, strategic defenses tailored to your case.


Here’s how we challenge DUID charges—and what defenses might apply to your situation.


🚨 What Is a DUID in Colorado?

Colorado law prohibits operating a motor vehicle while impaired “to the slightest degree” by any drug, whether it’s legal or illegal. This includes:


  • Prescription drugs like painkillers, sleep aids, or antidepressants
  • Over-the-counter medications like cold and allergy remedies
  • Marijuana, even if used legally
  • Illicit substances such as meth, heroin, or cocaine


Unlike alcohol-related DUIs, there’s often no clear-cut “legal limit” for most substances. That gives law enforcement more discretion—and leaves more room for error.


🔍 Defense 1: Lack of Probable Cause

Police must have a valid reason to stop you. If they pulled you over without reasonable suspicion of a traffic violation or erratic behavior, we can challenge the legality of the stop. Any evidence collected after an illegal stop—including test results—can be suppressed.


🧪 Defense 2: Inaccurate or Improper Chemical Testing

Blood and urine tests are often used to detect drugs—but they’re far from perfect. Our firm investigates:


  • Chain of custody issues
  • Improper storage of samples
  • Lab errors or contamination
  • Testing for inactive metabolites that don’t indicate impairment


These weaknesses can raise reasonable doubt and help us push for a reduction or dismissal.


👮‍♂️ Defense 3: Challenging the Officer’s Observations

In many DUID cases, officers rely on field sobriety tests and subjective evaluations—like pupil size or speech patterns. But medical conditions, fatigue, or even anxiety can mimic impairment symptoms. We use expert testimony and cross-examination to challenge the credibility of these claims.


📉 Defense 4: Lack of Actual Impairment

Just because a substance is present in your system doesn’t mean you were impaired. Some drugs stay in your bloodstream for days or weeks. This is especially relevant in marijuana cases, where THC metabolites may be detectable long after the effects wear off. We argue the difference between presence and impairment to protect your rights.


⚖️ Defense 5: Legal Medical Use

If you were using lawfully prescribed medication and were not impaired, that can form the basis of your defense. Colorado does not automatically criminalize driving after taking medication—but you must be alert and able to drive safely. We present medical records, pharmacy history, and doctor testimony to support your case.


⏳ Don’t Wait—Get Legal Help Right Away

A DUID conviction can result in jail time, license suspension, steep fines, and a permanent mark on your record. But the sooner you act, the more options you have. Delays make it harder to gather evidence, challenge test results, or prepare a strong case.



At Alfrey & Associates, PC, we know Colorado’s DUID laws inside and out. We dig deep into every case, challenge every weakness, and fight for the best possible outcome.

Person in suit holding a gavel, representing DWAI and DUI charges in Colorado.
November 13, 2025
Learn the key differences between DWAI and DUI charges in Colorado, the penalties for each, and how an experienced Denver defense attorney can protect your rights.
November 6, 2025
Vehicular Assault in Colorado: What You Need to Know About Charges and Penalties
A man is driving a car with a bottle of beer in his hand.
October 9, 2025
Facing a Second, Third, or Fourth DUI in Colorado? Here’s What to Expect
A car key is sitting on top of a wooden gavel next to a glass of beer.
September 11, 2025
First-Time DUI in Colorado: What You Need to Know About Your Rights and Penalties
A man is sitting in a car while a police officer writes a ticket.
August 14, 2025
Repeat DUI Offender in Colorado? How Our Lawyers Can Help Minimize the Damage
A man wearing handcuffs is standing in front of a blurry background.
July 17, 2025
Avoiding Jail Time for a First-Time DUI in Denver
Gold lady justice statue on a desk with a window in the background.
March 27, 2025
In Colorado, vehicular assault and vehicular homicide are both serious charges, but they differ in terms of the legal elements involved. This blog post explains the differences between these two charges, providing clarity on the distinctions between them and the potential legal consequences.
A red book and a judge 's gavel on a wooden table.
February 20, 2025
If you're facing a DUI charge in Colorado, it’s essential to know the key differences between a first and second DUI offense. This blog post explores how penalties, consequences, and defense strategies vary depending on whether it's your first or second DUI charge. Learn what to expect and how legal representation can make a difference in your case.
A judge 's gavel is sitting on top of an open book next to a pair of glasses.
January 23, 2025
If you are facing a DWAI (driving while ability impaired) charge in Denver, CO, having the right legal representation is essential. This blog post will outline why it's crucial to hire an experienced DWAI attorney to ensure you get the best possible outcome for your case. Learn why professional legal help is necessary when dealing with such serious charges.
Lady Justice close up on the left of the photo with a judge's gavel to the right in the background.
By Christen Everett January 23, 2025
If you are facing a DWAI (driving while ability impaired) charge in Denver, CO, having the right legal representation is essential. This blog post will outline why it's crucial to hire an experienced DWAI attorney to ensure you get the best possible outcome for your case. Learn why professional legal help is necessary when dealing with such serious charges.