Marijuana DUI

Driving while under the influence of marijuana is a serious offense in Washington state, where cannabis is legal for both recreational and medicinal use. While marijuana use is considered lawful within certain parameters, operating a vehicle while under its influence can pose some serious legal and safety risks.

Law enforcement officials are trained to identify signs of impairment that are caused by marijuana use. A DUI charge can happen if you are deemed unfit to operate a vehicle safely due to the drug’s effects. This can include impaired judgment and diminished coordination, all of which can increase the likelihood of accidents.

One of our criminal defense attorneys can help you by thoroughly reviewing the circumstances surrounding your marijuana DUI charge. They can assess the validity of the evidence and identify any inconsistencies or mistakes that were made during the arrest. Our legal team can also explore alternative solutions like negotiating for a reduced sentence or advocating for diversion programs.

Washington’s Legal Limit for THC and DUI

In Washington, the legal threshold for THC—the psychoactive component of cannabis—in a driver’s bloodstream is 5 nanograms per milliliter. If you exceed this limit, you are presumed to be driving while under the influence, even if you appear to be in complete control.

However, unlike alcohol, THC levels can vary based on your tolerance, how much and how often you use, and your metabolism, making it more challenging to determine a person’s impairment solely through testing. This just highlights the importance of responsible consumption, particularly if you plan to drive.

The Consequences of a Marijuana DUI

A marijuana DUI conviction in Washington can lead to severe penalties that include fines, license suspension, mandatory drug education programs, and even jail time in some cases. If you are a first-time offender, you will typically face a fine of up to $5,000 and a 90-day license suspension. Repeat offenses, however, can land you in much harsher penalties.

Beyond the legal consequences of a marijuana DUI, you may also find out how it can affect your personal and professional life, including your reputation and limitations to future opportunities.

Washington Statutes for Marijuana DUIs

Here is a list of some of the more relevant statutes relevant to marijuana DUI charges in Washington.

• RCW 46.61.502 – Driving Under the Influence (DUI): This statute outlines the offense of driving under the influence of alcohol, marijuana, or other drugs. It includes information on the THC limit of 5 nanograms per milliliter of blood.
• RCW 46.61.503 – Driving Under the Age of 21 Consuming Alcohol or Marijuana: This statute pertains to those under 21 who are caught driving with any measurable amount of THC or alcohol in their system.
• RCW 46.20.308 – Implied Consent Law: Washington’s implied consent law states that by driving a vehicle, you agree to submit to chemical testing (blood or breath) if suspected of DUI. Your refusal to test can result in automatic license suspension and additional penalties.
• RCW 46.61.506 – Evidence of THC Concentration: This statute governs the admissibility of THC concentration test results in DUI cases. It also establishes guidelines for chemical testing and blood analysis.
• RCW 46.61.5249 – Negligent Driving in the First Degree: If your impairment due to marijuana doesn’t meet the threshold for a DUI but still compromises safe driving, this statute may apply. It carries less severe penalties but still impacts your driving record.
• RCW 69.50.401 – Prohibited Acts: Controlled Substances: This statute primarily deals with drug possession and distribution but also shows how it can affect public safety as a whole.
• RCW 69.50.445 – Opening a Package of or Consuming Marijuana in View of the General Public: This statute prohibits consuming marijuana in public spaces, including vehicles, which can serve as supporting evidence in a DUI case.

Washington: A State of Progress and Responsibility

Washington state is well known for its many progressive policies and bustling communities. It offers an amazing blend of beauty, innovative industries, and even more forward-thinking legislation. As one of the first states to legalize recreational marijuana in 2012, it has become a model for balancing individual freedom with public safety.

While the legalization brought economic benefits to the state and reduced the criminalization of cannabis, it also presented its own new set of challenges, particularly in the arena of safety.

Marijuana DUI offenses shouldn’t just be viewed as legal violations; they conflict with the state’s goal of responsible marijuana usage. Law enforcement, public education campaigns, and community initiatives aim to strike a balance between the liberties of cannabis users and the imperative to keep Washington’s roads safe for everyone.

How a Criminal Defense Attorney Can Help With a Marijuana DUI

Yes, facing a marijuana DUI charge in Washington can prove to be overwhelming and comes with potential consequences that can include fines, license suspension, and even jail time.

A skilled criminal defense attorney can be your ally when it comes to navigating these challenges. They can evaluate all of the evidence presented against you, such as THC test results or field sobriety tests, and identify any possible weaknesses or errors in the process.

For example, let’s say a law enforcement officer failed to follow proper protocols for obtaining blood samples or conducting tests. Your attorney could argue for the exclusion of this evidence and strengthen your case.

We firmly believe that every marijuana DUI charge can be challenged successfully in one way or another. Our criminal defense attorneys have been defending against driving-related crimes throughout Washington for decades.

If you or a loved one are facing a marijuana DUI charge, consult with an experienced DUI defense attorney as soon as you can. We can employ different strategies to ensure your criminal case has the best possible chance at a more than favorable outcome. This includes challenging the validity of THC test results and questioning the legality of the traffic stop itself. We can even negotiate for reduced charges or have the case completely dismissed.

Our DUI attorneys are dedicated advocates who will fight to protect your rights, keep you out of jail, and help preserve your driving privileges.

A Marijuana DUI is very similar to an alcohol-based DUI. Both are serious charges with serious consequences. It is important you take this form of DUI just as seriously as an alcohol-related DUI. While the marijuana DUI might not get nearly as much publicity in the media as its brother, prosecutors will treat them the same. Both have a maximum penalty of 364 days in jail and a $5,000 fine. Additionally, there is mandatory jail, a drug and alcohol evaluation, treatment, probation, license suspension, and an ignition interlock.

Most people are familiar with the alcohol per se legal limit of .08 when it comes to DUIs. However, very few people realize there is now an “equivalent” when it comes to marijuana - a THC level of 5 ng/mL. Whether you are actually “impaired” at that level is up for debate, but the reality is that is now the legal limit. For people who ingest marijuana, whether through smoking or eating, it is especially important to be cautious. The strength of different strains is not nearly as clear cut as the alcohol content on a beer label. Additionally, there is no general rule of thumb as to how much you can ingest over what period of time to remain under the legal limit. Early indications appear to show the 5 ng/mL threshold is actually quite low and can be very easily reached, especially for regular users.

Just like with an alcohol-related DUI, you will also face a Department of Licensing action. An arrest will lead to your license being scheduled to be suspended 60 days from the date of arrest for a period of 90 days unless you request the hearing. It is important that you request the hearing within 20 days from the date of arrest; otherwise, you lose your right to the hearing.

If you are facing a marijuana-related DUI, do not hesitate to contact our office for a free consultation with one of our experienced Washington DUI attorneys.