Josh Covert

In The News

Thursday, May 17, 2012


By Michael Nichols
Categories: Josh Covert

Colorado legislators on May 15th refused to enact a proposed bill that would have created a per se or automatic impairment threshold for drivers with active THC in their blood.  The bill would have made it easier to prosecute individuals for driving while impaired or drugged driving because prosecuting attorneys could have simply used a number from a machine to show impairment rather rely on actual observations of the driver’s ability to operate a motor vehicle.  The bill proposed a threshold of 5 nanograms of THC was too low to ensure that only impaired or intoxicated individuals met the threshold. 

THC is the one of the active ingredients in marihuana and a schedule 1 controlled substance. “THC is fat soluble and is metabolized differently than alcohol which is the drug most commonly associated with a per se or automatic threshold” says attorney Joshua Covert. Covert adds, “The studies preformed to date do not establish a reliable threshold for predicting impairment due to THC blood levels.”

Colorado remains a state where actual impairment must be shown.  Michigan on the other hand has a statute (MCL 257.625(8)) that treats any amount of a controlled substance in a driver’s blood as impaired driving.  Michigan even applies this strict and unscientific threshold to registered medical marihuana patients which severely limits their ability to drive without fear of prosecution.  “One must question the wisdom of continuing with the ‘any amount’ threshold when Colorado legislators have refused to establish even 5 nanograms as a threshold for impairment” says Covert.

If you have been charged with drugged driving you need an attorney who understands the way THC is metabolized.  Contact attorney Josh Covert, who is committed to protecting your rights.


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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.