Resources

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1. First contact the agency where you attended classes

   • The agency should give you a copy of the DRS within 10 business days of program completion at no charge.

   • You can search for your agency’s contact information using Ownpath.co.

2. If the agency is no longer in business or is unable to give you a copy of the DRS, BHA may be able to provide one. To request the form from us:

   • Download and fill out the Consent for Release of Confidential Record form, available in English(opens in new window) and available in Spanish(opens in new window).

   • Email the completed form to: cdhs_bha_provider_support@state.co.us(opens in new window)

     • You can scan the form or take a photo of the form with your phone to submit it via email.

     • The BHA no longer allows walk-ins, all consent forms must be emailed.

   • Once we receive the form, BHA will search our database for the requested information.

   • If BHA locates your DRS record(s), we will send the document(s) to the email address you provided in the consent form. For your protection, the email containing the DRS will be encrypted and may require you to create a password to open it. We expect to complete this process within 10 business days, but it could take longer.

   • You can submit your DRS record to the DMV online at MyDMV Colorado, by email at dor_interlock@state.co.us, or you can go in person to the closest DMV location.

   • If BHA cannot find your DRS record(s), the DUI Services Program Manager will contact you within 10 business days.

You Can Still Be Charged with DUI or DWAI

Even though cannabis is legal in Colorado, driving while impaired by it is illegal.

• If you're found to be substantially impaired by cannabis (regardless of the amount), you can be charged with a DUI.

• If you're impaired to the slightest degree, you can be charged with a DWAI — even if you're below the legal THC threshold.

Legal THC Limit

Colorado law sets a presumed impairment threshold for cannabis:

• 5 nanograms of THC per milliliter of blood

• If you test at or above this level, it can be used as evidence of impairment, but it's not automatic — the officer’s observations and other evidence also matter.

How Cannabis Impairment is Measured During a Traffic Stop

1. Initial Stop & Observation

   • The officer stops you for a traffic violation or suspicious driving (e.g., weaving, delayed reaction).

   • They observe your behavior: red or watery eyes, slow speech, smell of marijuana, confusion, etc.

1. Field Sobriety Tests (FSTs)

   • You may be asked to perform standard field sobriety tests, such as walking a straight line or standing on one leg — similar to alcohol stops.

   • Officers look for signs of physical or mental impairment, not just THC levels.

1. Evaluation by a Drug Recognition Expert (DRE)

   • If cannabis use is suspected and you're showing signs of impairment, a Drug Recognition Expert (DRE) may be called to conduct a more detailed evaluation.

   • This includes checking your eyes, pulse, behavior, muscle tone, and coordination.

1. Chemical Testing – Blood Draw

   • If the officer has probable cause, they’ll require a blood test to measure THC levels.

   • You will be taken to a medical facility or jail where a blood sample is drawn — there is no roadside breathalyzer for cannabis.

   • Refusing the test leads to the same penalties as refusing a DUI test: license revocation, Persistent Drunk Driver designation, and mandatory treatment.

Consequences Are Similar to Alcohol DUIs

If you're convicted of DUI or DWAI due to cannabis, penalties are similar to alcohol-related offenses:

• Fines, jail time, community service

• Mandatory Level II education and therapy

• License suspension or revocation

• Possible interlock device (if alcohol was also involved)

Important Notes

• Cannabis + alcohol = higher impairment and stricter penalties

• Medical marijuana does not exempt you from DUI laws

• You can be charged even if you’re under the legal limit if other signs of impairment are present (e.g., erratic driving, slurred speech, etc.)

If your driving behavior causes a law enforcement officer to suspect alcohol or drug impairment, you will be pulled over. You may then be asked to participate in several tests looking for impairment. When you drive a vehicle in Colorado, you give implied consent to chemical testing as part of an impaired driving investigation. Participation in roadside impairment testing is voluntary, however, Colorado law creates consequences for refusing chemical tests by officers.

Chemical TestsNon-Chemical Tests

• Non-roadside breath test administered by officer

• Blood test requested by officer

• Roadside sobriety testing

• Roadside breath test (PBT)

• Detox facility testing (after arrest)

If you refuse chemical testing you will be classified as a Persistent Drunk Driver (PDD) and be required to use an ignition interlock device for a minimum two (2) year period. The ignition interlock device is required regardless of whether you are convicted of an impaired driving offense in criminal court.

The following behaviors can be viewed as refusal:

• Telling an officer, “no” when asked to submit to a test or attempting to delay the testing

• Failing to choose when offered a choice of breath or blood testing

• Failing to cooperate with an alternate test if the test you selected is unavailable

• Failing to follow the officer’s instructions throughout the testing process or not providing the number of samples requested

• Requesting to speak to an attorney prior to agreeing to a test – there is no legal right to consult with an attorney prior to taking a test requested by the officer

BAC

Blood Alcohol Content (BAC) is the amount of alcohol in your body. By Colorado law, you are driving under the influence of alcohol if your BAC is .08 or greater. Drivers with a BAC of .15 or greater are considered Persistent Drunk Drivers (PDD) and may be subject to additional penalties. If an officer believes you are unable to safely drive a vehicle and your BAC is between .05 and .079, you may be charged with Driving While Ability Impaired (DWAI).

It’s important to note that while BAC is a significant factor in impaired driving investigations, the decision to pull you over or place you under arrest is determined by behaviors observed by law enforcement officers. While BAC can only measure the amount of alcohol in your system, many Colorado law enforcement officers have received specialized training to detect impairment from other drugs.

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You have the opportunity to request a hearing with a Department of Revenue hearing officer – the DMV is part of the Colorado Department of Revenue – and the arresting officer before driving restrictions go into effect. Hearings must be requested in writing at the Department of Motor Vehicles (DMV) within seven days of the arrest