Can You Get a DUI for Marijuana in Bellingham, Washington? Our Attorneys Answer

In 2012, Washington became the first state in the US to legalize recreational marijuana. While the consumption of marijuana is legal for adults aged 21 and over, it is not legal to operate a vehicle under the influence of cannabis.

If caught driving under the influence (DUI) of marijuana in the state of Washington, you will face being charged with a crime. A DUI conviction carries significant repercussions, including hefty fines, driver’s license suspension, and jail time.

You do not have to face a DUI charge alone. Our experienced Bellingham legal team has your back. Get in touch with us to schedule a free consultation and discover how we can assist you following a marijuana DUI arrest.

What Washington Law Says About Driving Under The Influence Of Marijuana

Washington State's DUI laws encompass not only alcohol but also marijuana. Since the legalization of recreational marijuana, the state has set specific legal limits for THC—the psychoactive component of cannabis—in a driver's bloodstream.

According to the Revised Code of Washington (RCW) 46.61.502, you're considered to be driving under the influence if, within two hours of operating a vehicle, your blood contains 5.00 nanograms per milliliter (ng/mL) or more of THC. This is similar to the way the state handles alcohol-related DUIs, where the blood alcohol concentration (BAC) limit is 0.08%.

When caught driving with a THC concentration at or above this limit, the consequences can be serious. For a first offense, you could face mandatory penalties such as a minimum of 24 hours incarceration, 15 days of house arrest also known aselectronic home monitoring, fines ranging from $350 to $5,000, and a 90-day suspension of your driver's license under RCW 46.61.5055. These penalties increase with subsequent offenses or if there are aggravating factors involved, such as having a child in the car.

The idea behind these laws is to ensure that drivers on Washington roads are not impaired, whether by alcohol, marijuana, or other substances. Just like alcohol, marijuana can impair your reaction time, motor skills, and judgment, making it dangerous to drive.

So, if you're in Washington and you've consumed marijuana, it's crucial to be mindful of these laws. Driving under the influence isn't just about alcohol anymore—it's about anything that can impair your ability to drive safely.

How Do Officers Determine If I Am Under The Influence Of Cannabis?

In Whatcom County, Washington, law enforcement officers use several strategic methods to determine if you are under the influence of cannabis. Here's how the process generally works:

1. Traffic Stop And Initial Observations:

If an officer suspects that you are impaired because of either erratic driving, speeding, or other traffic violations, they will initiate a traffic stop. Once stopped, the officer will make initial observations, looking for signs of impairment such as the smell of marijuana, bloodshot eyes, or slow reaction times.

2. (FSTs) Field Sobriety Tests:

If the officer suspects impairment, they may conduct FSTs. These standardized tests assess the driver's coordination, balance, and willingness/ability to follow instructions. Common tests for cannabis include:

• Horizontal Gaze Nystagmus (HGN),
• Walk-and-Turn
• One-Leg Stan

3. (PBT) Preliminary Breath Test:

While a PBT is primarily for detecting alcohol impairment, it can be part of the overall assessment to rule out alcohol as the primary cause of impairment.

4. Drug Recognition Expert (DRE) Evaluation:

In cases where cannabis impairment is suspected, authorities often call a DRE to the scene. DREs are specially trained officers who use a 12-step evaluation process to determine if the driver is under the influence of drugs. This evaluation includes checking vital signs, conducting a more detailed examination of the driver's eyes, and assessing muscle tone.

5. THC Blood Test:

If there is sufficient evidence to arrest the driver for suspected DUI, the officer can request a blood test to measure the THC concentration. In Washington State, a THC concentration of 5 nanograms per milliliter (ng/mL) or higher within two hours of driving is the legal limit (RCW 46.61.502). Test refusal can result in automatic license suspension and other penalties.

6. Observations And Statements:

Throughout the process, the officer will take note of the driver's behavior, statements, and physical condition. Slurred speech, confusion, and the presence of marijuana or paraphernalia in the vehicle can all serve as evidence of impairment.

Using these steps, officers find cause to arrest and charge you with a DUI.

What To Do If You Get Arrested For A Marijuana DUI In Whatcom County

If you get arrested for a marijuana DUI in Whatcom County, Washington, it's crucial to know your rights and the steps you should take to protect yourself legally. Here's a guide on what to do:

1. Stay Calm And Compliant: During the arrest, remain calm and cooperative. Resisting arrest or becoming argumentative can worsen the situation. Follow the officer's instructions and avoid making any sudden movements.
2. Know Your Rights: You have the right to remain silent. You are not required to answer questions about where or what you are doing. Respectfully inform the arresting officers you wish to exercise your right to remain silent and that you want to speak to an attorney.
3. Request An Attorney: Request to speak with an attorney as soon as possible because having legal representation is critical in navigating the complexities of a DUI case. If you cannot afford one, the court provides a public defender.
4. Document Everything: Documentation will be useful for your attorney, so write down everything you remember about the arrest as soon as you can. Include details like the reason the officer gave for pulling you over, the tests performed, and any statements made by the officer.
5. Blood Test And Refusal Consequences: Understand that Washington law mandates you to undergo a blood test if the officer has probable cause to believe you are under the influence of cannabis. While refusing the test can lead to automatic license suspension and could be used against you in court, you still have the right to consult an attorney before deciding whether to take the test.
6. Post-Bail: If the judge sets bail, you may need to post it to be released. Contact a bail bondsman if necessary. Ensure that you or someone you trust understands the terms of your bail to avoid any violations.
7. Attend All Court Appearances: Failing to appear in court can incur additional charges and penalties. Make sure to attend all scheduled hearings and comply with any court orders.
8. Discuss Your Case With Your Attorney: Work closely with your Bellingham legal team to develop a defense strategy. Provide them with all the details of your arrest and any documentation you have gathered. Your attorney will guide you on the best action for your case, whether you should negotiate a plea deal or go to trial.
9. Consider Treatment Or Education Programs: If this is your first offense, the court might favor proactive steps such as enrolling in a drug education or treatment program. Treatment programs can sometimes lead to reduced penalties.
10. 10. Be Prepared For Penalties: Penalties for a marijuana DUI can include fines, jail time, license suspension, and mandatory drug education classes. Your attorney will help you understand any potential outcomes for your case and work tirelessly to minimize its impact on your life.
11. 11. Plan For Transportation: If authorities suspend your license, you must find alternative transportation. Look intopublic transit, ridesharing services, or arranging rides with friends and family.
12. 12. Stay Informed: DUI laws can change, so staying informed about your rights and any updates to the law is important. Follow your attorney's advice and stay proactive in managing your case.

Getting arrested for a marijuana DUI is a serious matter, so a Bellingham DUI attorney will prove to be a powerful ally.

Does It Matter If The Marijuana Was Medical?

Yes, it matters if the marijuana was medical in terms of legal possession, but it does not affect the DUI laws. In Washington State, whether the marijuana is for medical or recreational use, the same DUI limits and penalties apply.

Driving with a THC concentration of 5.00 nanograms per milliliter or higher is illegal, regardless of the marijuana's intended use. Medical marijuana users must still adhere to these laws and avoid driving while impaired.

How Our Bellington Attorneys Can Help With Your Marijuana DUI

If you’re facing a marijuana DUI charge in Bellingham, our experienced attorneys are here to assist you. We understand the complexities of marijuana DUI cases and dedicate ourselves to providing you with the best legal services in the area:

• A Free Case Evaluation: Thoroughly review the details of your arrest and the evidence against you.
• Expert Legal Representation: Advocate for you in court and during administrative hearings.
• Robust Defense Strategy: Develop a personalized defense strategy to challenge the prosecution's case.
• Tough Negotiation Skills: Work to reduce charges or penalties through plea bargains when appropriate.
• Support When You Need It Most: Guide you through every step of the legal process, ensuring your rights are protected.

Don't face this challenging situation alone. Call us today for a free consultation with our Bellingham marijuana defense attorneys and take the first step toward securing your future.