Marijuana DUI in Seattle

Although marijuana is legal in Washington state for recreational and medical use, there are still restrictions on cannabis use. Driving under the influence (DUI) of marijuana remains illegal. Washington state law sets a legal limit for cannabis of 5 nanograms of tetrahydrocannabinol (THC) per milliliter of blood. Think of this limit as the 0.08% blood alcohol concentration limit for alcohol. However, drivers can be charged with a marijuana DUI even if their THC levels are below this threshold if their driving shows signs of impairment.

The penalties for a marijuana DUI in Washington can include jail time, fines, and suspension of your driver’s license. Washington state may also require the mandatory installation of an ignition interlock device. Additionally, a DUI conviction stays on your driving record permanently, which negatively affects employment, insurance rates, and your freedom.

As marijuana impairment is subjective and testing for THC levels is not always reliable, these charges can be challenged in court. Our experienced Seattle DUI defense attorneys understand the nuances of Washington state’s marijuana DUI laws. We can question factors like how THC metabolizes in the body, the timing of use, and testing methods using our expertise in fighting these charges. If you’re facing a marijuana DUI, contact our Seattle law firm for a free consultation.

How Our Seattle Attorneys Will Fight To Keep You On The Road

A marijuana DUI charge in Seattle doesn’t have to mean losing your driving privileges or facing severe penalties. Our Seattle-based attorneys have over 20 years of experience defending clients against marijuana DUI charges. We understand the challenges of cannabis DUI cases, from unreliable THC testing methods to subjective impairment assessments. Using our deep knowledge of Washington state laws and relationships with King County prosecutors and judges, we’ll craft a defense that challenges the evidence. Here are some that we will explore for your case:

• Challenge THC Testing Reliability: THC levels in the bloodstream do not directly correlate to impairment. We scrutinize the testing methods, timing, and procedures to argue the results are inaccurate or irrelevant.
• Dispute Observations Of Impairment: Many marijuana DUI charges rely on subjective observations by law enforcement. We argue that signs such as red eyes or delayed responses can result from fatigue, medical conditions, or other non-impairing factors.
• Question Probable Cause For The Stop: If the traffic stop was not legally justified, we challenge the validity of any evidence obtained afterward, including field sobriety or blood tests.
• Highlight Delayed Metabolism Of THC: Unlike alcohol, THC can remain in the bloodstream for a long time. In some people, it can last for days or weeks after use, long after any impairing effects have subsided. We present expert testimony to dispute the prosecution’s claims of impairment.
• Examine Officer Training And Protocol: Law enforcement officers must have proper training to detect drug impairment. We investigate whether they followed standard procedures or made errors during the arrest.
• Argue Unreasonable Field Sobriety Tests: Standardized tests are for alcohol impairment, not marijuana impairment. We highlight how factors like uneven terrain or anxiety can skew results.
• Seek Alternative Sentencing Options: If appropriate, we negotiate with prosecutors for reduced charges or entry into diversion programs to avoid a criminal conviction.

With personalized service and a proven track record in marijuana DUI defense, our Seattle attorneys are here to fight for you. Contact our legal team today for a consultation, and let us protect your driving privileges and future.

What Happens If I Am Charged With A Marijuana DUI In Seattle?

Unlike alcohol DUIs, marijuana DUIs rely on THC levels and observations of impairment, which are often subjective and open to challenge. Marijuana DUI cases are typically handled in Seattle Municipal Court or King County District Court. Here is what to expect if you face charges in the city:

• Arrest And Chemical Testing: After being pulled over, Seattle police officers may conduct field sobriety tests, including breath and blood tests. Law enforcement commonly uses blood tests to measure THC levels.
• Release Or Booking: Depending on the circumstances, you may be released or booked into jail. For marijuana DUIs, police often release you after processing.
• Notice Of License Suspension: The Washington Department of Licensing (DOL) sends a notice of license suspension, typically within a week of the arrest. You have 7 days to request a hearing to contest the suspension.
• Arraignment: This is your first court appearance, held at Seattle Municipal Court if the arrest occurred within city limits. The King County judge will formally read your charges, and you’ll enter a plea.
• Pretrial Hearings: Pretrial hearings involve discussions between your attorney and prosecutors. Your Seattle attorney will negotiate for reduced charges or alternative sentencing options.
• Discovery And Defense Preparation: Your attorney reviews all evidence, including blood test results, police reports, and body cam footage, to identify weaknesses in the prosecution’s case.
• Trial Or Resolution: If the lawyers cannot reach a resolution, your case may proceed to trial, where your attorney will present defenses, challenge the prosecution’s evidence, and argue for acquittal.

It’s important to know that THC levels do not directly correlate to impairment, and testing methods are often unreliable. Our attorneys use over 20 years of legal experience to challenge evidence, question officer observations, and highlight the limitations of blood THC testing. We work to protect your driving privileges, negotiate favorable outcomes, or secure dismissals. Contact our lawyers who specialize in cannabis DUIs today for skilled representation.

Contact Our Seattle DUI Defense Law Offices Now For A Free Consultation

Seattle boasts fantastic public transportation options. The Link Light Rail connects neighborhoods like Capitol Hill, Beacon Hill, and SeaTac, while the King County Metro bus system covers nearly every corner of the city. The RapidRide bus lines offer faster service along key routes, and the Seattle Streetcar links South Lake Union and Capitol Hill with downtown. For ferry adventures, the Washington State Ferries provide scenic rides across Puget Sound to Bainbridge Island and beyond. However, these public transportation options do not go everywhere. So you need a car to truly get around the city.

Marijuana DUIs are a controversial issue in Washington state, which provides an opening to challenge these charges. We firmly believe that every marijuana DUI case can be contested in King County courts. Contact our Seattle marijuana defense lawyers today for a free consultation, and let us fight to keep you on the road.

Seattle Marijuana DUI Lawyer

A marijuana DUI has many similarities with a typical alcohol DUI. A conviction of either of them will result in mandatory jail, fines, license suspension, probation, drug/alcohol treatment, and even an ignition interlock device! A marijuana DUI is also a gross misdemeanor (with a few exceptions), which means the maximum penalty is 364 days in jail and a $5,000 fine.

Just like with alcohol having a legal limit (.08), marijuana also has a legal limit which is 5 ng/ml of THC. The fact that you might not feel high or are actually impaired at that point is irrelevant. It is especially problematic for users of marijuana to project whether they have reached that limit or not. Unlike with alcohol, where each alcoholic beverage has a label with alcohol content listed, marijuana normally does not. Additionally, the method of ingestion can impact your level of impairment. The fact that you may have a marijuana prescription also has no relevancy. Everyone over 21 is permitted to ingest marijuana (just like alcohol), but it does not give you the right to then drive afterwards with limits above the legal threshold.

Again, as with an alcohol-related DUI, you will also be facing a separate suspension from a Department of Licensing hearing. You have 20 days from the date of arrest to send in your hearing request form plus $375 to contest the pending action. If you fail to do so, your license suspension will begin 60 days from the date of arrest.

If you are facing a DUI, whether it be due to alcohol, marijuana, or any other type of narcotic, do not hesitate to give our office a call to discuss your options. Our Seattle, WA lawyers have the experience, knowledge, and skill to guide you through the criminal justice process and work toward the best possible outcome in your case.