SB 12-117 Summary

• Expands the definition of "DUI per se" to include driving with 5 or more nanograms of delta 9-tetrahydrocannabinol (THC) per milliliter of whole blood, making it a per se offense subject to the same treatment as the 0.08 BAC standard for alcohol.

• Creates a new misdemeanor offense for driving a motor vehicle when the person's blood contains 5 or more nanograms of delta 9-tetrahydrocannabinol within two hours of driving, with an affirmative defense allowing defendants to prove consumption occurred after stopping driving.

• Establishes a permissible inference of drug influence when a defendant's blood, urine, or saliva contains any amount of Schedule I controlled substances (except tetrahydrocannabinols), Schedule II controlled substances, salvia divinorum, synthetic cannabinoids, or 5+ nanograms of THC per milliliter in whole blood.

• Removes all statutory instances of the term "habitual user" as a separate criminal offense category throughout Colorado's driving under the influence statutes and related provisions.

• Appropriates $12,000 to the judicial department and $16,280 to the department of revenue for implementation costs related to the law.