On January 31, 2012, Sen. Steve King introduced SB 12-117 – Concerning the Penalties for Persons Who Drive While Under the Influence of Alcohol or Drugs. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.
In any prosecution for a driving under the influence (DUI), driving while ability impaired (DWAI), vehicular assault, or vehicular homicide, if at the time of the commission of the alleged offense, or within two hours thereafter, the defendant’s blood, urine, or saliva contains any amount of a schedule I controlled substance, except for tetrahydrocannabinols; a schedule II controlled substance; salvia divinorum; or synthetic cannabinoids, or the defendant’s blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood, such fact gives rise to the permissible inference that the defendant was under the influence of drugs.
The bill expands the existing definition of “DUI per se” to include driving when the driver’s blood, urine, or saliva contains any amount of a schedule I controlled substance, except for tetrahydrocannabinols; salvia divinorum; or synthetic cannabinoids, and driving when the defendant’s blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood.
The bill removes statutory instances of the term “habitual user”. The bill is assigned to the State, Veterans, & Military Affairs Committee and is scheduled for committee review on Monday, February 27 at 1:30 p.m.
Since this summary, the bill was amended by the State, Veterans, & Military Affairs Committee and referred to the Appropriations Committee.
Summaries of other featured bills can be found here.
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