Driver Arrested for DUID After He Admits to Smoking a Joint

VAIL, CO - At 3:57PM on January 17th, 2020, a driver approached an officer to inquire when a pass would reopen such that he could travel to a location 30miles east of where they were. In the discussion, the officer smelled a strong odor of marijuana coming from the vehicle. The officer asked the suspect if he had been smoking to which the driver claimed he and his two passengers had smoked a joint an hour ago. The officer asked the suspect to pull over near the sidewalk of the bus station where he was assisting in traffic control. After verifying the suspect's information, the officer asked him to step out of the vehicle for further questioning. The suspect, a tourist from Minnesota, reaffirmed that he and his friends smoked a joint earlier in the day and enjoyed the scenery of the local area. At this point, the officer began moving forward with voluntary roadside maneuvers.

The horizontal gaze nystagmus test was conducted first where the suspect had difficulty keeping his head still along with being unable to smoothly follow the officer's finger. During the walk-and-turn test, the suspect followed the correct amount of steps and walked in a straight line, but failed to follow directions when he turned around on a pivot rather than taking a series of small steps. In the one-legged stand test, the suspect had to be motioned to look at his foot during the test. Furthermore, the suspect skipped the number 12 and stuttered on two additional numbers. While estimating the passage of 30 seconds, the suspect began counting out loud after specifically being instructed not to do so. The suspect was also observed swaying and ultimately the test lasted 45 seconds.

After the roadside maneuvers were completed, the officer asked the suspect from a scale of 0 - 10 how high he was. The suspect initially said, "less than three," but reiterated that he was more likely at "about three." At this point, the officer arrested the suspect for driving under the influence of a controlled susbstance (DUID). While in the patrol car, the suspect consented to a blood chemical test to be taken at Vail Health Hospital. The results of the blood test yielded 7.9 ng/mL of THC. In Colorado, the legal limit to drive is 5.0 ng/mL of THC and the penalties for DUID are identical to DUI.

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---- Chapters ----
0:00 Background
0:47 Investigation Begins
2:06 Step Out of the Vehicle
2:50 Voluntary Roadside Maneuvers Start
5:22 Horizontal Gaze Nystagmus Test
7:43 Walk-and-Turn Test
9:45 One-Legged Stand Test
11:48 Lack of Convergence Test
12:43 Romberg Balance Test
14:42 How High are You (0 - 10)?
15:06 DUID Arrest/Search of Suspect
17:53 Contact with Passengers
21:22 Colorado Suggested Express Consent
23:10 Blood Sample Results/Court Disposition