The community of Hugo, in Lincoln County, Colorado, east of the Pikes Peak region, became the butt of jokes nationwide this summer after officials directed residents to stop using the municipal water system for fear of THC contamination. Field tests for marijuana showed positive results on the well water that fed the community’s tap water. The jokes gave way to concern when the county admitted that the false positives were from roadside field sobriety test kits.Convictions for driving under the influence of marijuana, alcohol and other drugs were never at risk because of the scandal, and law enforcement officers were not buying the ìHugo defenseî when pulling someone over. ìHigh and impaired drivers have done the same for years,î said Trooper Nate Reid, public information officer for the Colorado State Patrol. ìThere’s not a ‘way’ someone drives because they’re intoxicated. Then, it’s all about observations by the trooper.îA traffic stop for suspecting a driver is under the influence of marijuana looks like most other traffic interactions with law enforcement, Reid said. ìWhether they’re speeding, (committing) a moving violation or equipment violation, we have to have probable cause to stop,î Reid said. ìThe officer then has to have some kind of reason to believe they’re under the influence of something. He can ask them (to step) out of the car to do voluntary roadside (tests), and they can comply or not. Based on the roadside, they have to make a decision to arrest. It’s the same as we’ve been doing since the beginning of time.îìPersonally, I think have seen more stops for just THC marijuana use,î said William Beck, criminal defense attorney at the Black and Graham law firm in Colorado Springs, Colorado. ìThey’re very much looking for anything you could call a traditional indicator of marijuana use. Behavior and dress, and they’re careful to point that out. They’re taking a stereotype and making it match.îìWe have been sending more of our troopers to drug recognition expert school, not just because of marijuana legalization,î Reid said. ìMarijuana is not a hard one to detect in its smoked form, but itís more tricky in edible form. But there’s a lot of other drugs, including prescription drugs, that are a problem that troopers may never have seen before.îUnder current Colorado law, residents expressly consent to blood, breath and urine tests for impairment by alcohol or drugs when they sign up for a driverís license, Beck said. ìThere’s been talk of trying to get saliva tests in,î but they are not yet covered by the express consent law, Beck said.The state has been testing saliva tests for marijuana impairment, but currently CSP does not use them in the field. ìWe were on a three-year pilot program, but they didn’t get the sample size they wanted; and I don’t know if they’re still using the program,î Reid said. ìYou have to test so many different devices; and, at the conclusion of that, figure out which one works best.îThe Hugo water tests resulted from Lincoln County sheriffs trying to use tap water as a negative control for testing for marijuana. When they tested positive instead, the water officials moved forward with the warnings until the Colorado Bureau of Investigation laboratory could use more accurate tests.Blood tests for marijuana used by law enforcement agencies throughout the state are more accurate. ìIf officers think there is no alcohol involved, they can offer you just the blood test,î Beck said. ìIf you refuse, you face penalties of a revoked license of up to two years.îDrivers who use marijuana either recreationally or medicinally can best avoid a THC-based DUI charge by ensuring they are not under the influence when they get behind the wheel. ìA lot of my clientele are what you would call regular users,î Beck said. ìThere’s always going to be a risk for regular users because of the way THC metabolizes.î Even if one is not impaired, donít smoke or carry marijuana in the car to avoid suspicion, Beck said. Making sure there is no odor of marijuana in the car is a no-brainer to stave off suspicion, he added.ìObviously, people usually try to do the right thing and don’t try to put other people in jeopardy,î Reid said. ìBut it only takes one time for someone to make that mistake and hurt someone or themselves.îReid said many of the preventive measures for drunk driving apply to driving high. ìDesignate a sober driver, just like for alcohol,î Reid said. ìOtherwise, call a cab, an Uber or other transportation. Plan things out ahead of time, and it will be better for all of us.î
