How Long Do Police Have to File Drug Charges?
Nov. 21, 2024
When facing drug-related charges, one of the most pressing questions that can arise is, “How long do police have to file drug charges?” This question is particularly pertinent for those accused of Driving Under the Influence of Drugs (DUID) in Boulder, Colorado, where the legalities can be nuanced.
At Watkins Law Firm LLC, I’ll assess the timeline for police when filing drug charges, specifically focusing on DUID cases, and provide a comprehensive understanding of the processes involved.
Understanding DUID in Colorado
DUID refers to the crime of driving while impaired by drugs. In Colorado, like many states, the law aims to assure public safety by penalizing individuals who operate vehicles under the influence of substances, whether they are illegal drugs, prescription medications, or over-the-counter substances.
The laws surrounding DUID can be intricate. Colorado law states that a person commits DUID if they drive a vehicle under the influence of a controlled substance or other drugs that can impair their ability to drive safely. According to the National Institute of Justice, driving under the influence of drugs makes driving much more dangerous.
The legal ramifications can also be severe, including fines, license suspensions, and even jail time. As one explores the timeline for filing drug charges, one must consider the procedures law enforcement agencies follow, which can vary depending on the specifics of each case.
The Timeline for Filing Drug Charges
Here’s a timeline for filing drug charges, along with some ideas of what the process looks like:
1. Investigation Phase
Once a police officer suspects that a driver is under the influence of drugs, they may initiate an investigation. This often begins with a traffic stop, during which the officer assesses the driver's behavior, physical condition, and any signs of impairment.
During this phase, the officer may conduct field sobriety tests or use a breathalyzer, though these tests are more common for alcohol. In the case of DUID, they might also request a blood test to detect the presence of drugs.
The investigation phase can vary in length. Officers must gather enough evidence to support a DUID charge, which could take several hours to days, depending on the circumstances. If the officer believes there is sufficient evidence to support charges, they will proceed to the next step.
2. Gathering Evidence
Following an investigation, the police will gather and analyze evidence to support the charge of DUID. This can include:
Test results: Blood tests and their analysis can take time, as they are typically sent to a laboratory for processing. In Colorado, blood test results can take anywhere from a few days to several weeks. The type of substance detected may require different testing protocols, further extending the processing time.
Witness statements: Officers may collect statements from witnesses who observed the driver’s behavior or the circumstances surrounding the traffic stop. This might include other drivers, passengers, or pedestrians who can describe any unusual driving patterns or physical signs of impairment they noticed, adding valuable testimony to the case.
Surveillance footage: If available, video evidence can provide crucial context regarding the driver’s actions before the stop. Footage from traffic cameras, nearby businesses, or even other vehicles can reveal swerving, erratic behavior, or other suspicious driving patterns, offering additional insight into the driver’s condition and actions.
Field sobriety tests and officer observations: Field sobriety tests conducted by officers at the scene, such as the walk-and-turn or one-leg stand, help document immediate signs of impairment. An officer's notes and observations, contribute to the body of evidence and may indicate whether drugs influenced the driver’s behavior.
Analysis of prescription drug use: If the driver claims they were under the influence of legally prescribed medication, investigation may be necessary. This includes determining whether the dosage was within prescribed limits and if the individual had any warnings from their healthcare provider about operating a vehicle on medication.
The length of time required to gather this evidence can significantly affect the timeline for filing charges. Coordinating these different sources of evidence, particularly when relying on third-party labs and other organizations, can mean it may take weeks, or even months before a formal charge is filed.
3. Filing Charges
Once law enforcement has gathered enough evidence, they will work with the district attorney’s office to determine whether to file formal charges. In Colorado, police have a specific time frame within which to file charges, typically dependent on the statute of limitations for the specific offense.
For DUID charges in Colorado, the statute of limitations is generally one year for misdemeanors and three years for felonies. This means that if the police do not file charges within the applicable time frame, the accused individual may be able to argue that the charges are invalid due to the statute of limitations.
4. Factors Influencing the Timeline
Several factors can influence how long police have to file DUID charges:
Challenges of the case: If the case involves multiple substances or extenuating circumstances (e.g., prior offenses, accidents, etc.), it may take longer for law enforcement to gather evidence and file charges.
Laboratory processing times: As mentioned, blood tests can take time to process. Delays in receiving lab results can extend the time before charges are filed.
Coordination with the district attorney: Police must work with the district attorney’s office to make sure that charges are appropriate and properly supported by evidence, which can also extend the timeline.
5. Consequences of Delays
If there are significant delays in filing DUID charges, the accused may benefit from a legal defense based on the statute of limitations. However, it’s essential to consult a qualified attorney who can handle these legal nuances. At Watkins Law Firm LLC, I understand the intricacies involved in DUID cases and am dedicated to helping my clients understand their options.
Defending Against DUID Charges
If you or a loved one is facing DUID charges in Boulder, Longmont, Louisville, Lafayette, or Broomfield, it's crucial to have a strong defense. An experienced attorney can evaluate the circumstances surrounding your case and develop a strategy that considers the evidence, the police's actions, and any potential procedural errors.
Potential Defenses Against DUID Charges
Lack of impairment: If you were not impaired while driving, I can argue that the DUID charges are unjustified.
Improper testing procedures: If law enforcement did not follow proper testing procedures or if the evidence was mishandled, it could lead to a dismissal of the charges.
Challenging test results: I can scrutinize the accuracy and reliability of blood tests. Factors like the time of testing, the handling of the blood sample, and potential contamination can be critical.
Medical conditions: If you have a medical condition that could explain certain behaviors or symptoms, I can present this evidence as part of your defense.
Constitutional violations: If law enforcement violated your rights during the stop or investigation, I can argue for the suppression of evidence obtained unlawfully.
Key Takeaways on DUID Charges and Legal Timelines
Understanding how long police have to file drug charges, particularly DUID charges, is crucial for dealing with the legal system. The timeline can be affected by numerous factors, including the challenges of the case and the time needed for lab testing.
Contact Me for Defense Against DUID Charges
If you’re facing DUID charges in Boulder, Longmont, Louisville, Lafayette, or Broomfield, reach out to me as soon as possible. I provide personalized legal support and representation. Contact me, Attorney Jennifer Watkins at Watkins Law Firm LLC today to schedule a consultation and let me help you through this challenging situation.