Marijuana DUI in Bellevue

Although cannabis is legal in Washington state for both medical and recreational use, there are still important restrictions. For example, you are not allowed to operate a vehicle while consuming cannabis. So even when you are using marijuana legally, if law enforcement catches you driving while impaired by cannabis, the Bellevue police will charge you with Driving Under the Influence (DUI).

Washington state law treats marijuana impairment the same as alcohol impairment, as it is just as risky. Being caught behind the wheel while high can lead to serious legal consequences. Luckily, our Bellevue marijuana DUI defense attorneys have got your back.

We've been defending your neighbors against marijuana DUIs for over two decades. We understand the complexities of marijuana DUI laws and can build a powerful defense. Here's how we can help you if you face charges for driving while high:

• We'll Challenge The Evidence: We'll scrutinize test results, including blood tests and field sobriety tests.
• We'll Dispute Legal Limits: We can argue that the five ng/mL threshold may not accurately reflect impairment, especially for medical marijuana users or those with a high tolerance.
• We'll Negotiate Reduced Penalties: We work to minimize penalties, including jail time, fines, and license suspension.
• We'll Provide Expert Testimony: We may call on experts to testify about the complexities of marijuana impairment and how THC levels don't always correlate with impairment.
• Protect Your Rights: We'll make sure that Bellevue law enforcement did not violate your rights during your arrest and that any evidence against you is admissible under Washington state law.

With 20 years of experience, we know how King County courts handle marijuana DUI cases and that Washington state's laws around marijuana DUIs are highly controversial.

Washington’s marijuana DUI and testing laws are very controversial, and understanding why can help you build a strong defense. Here's what our Bellevue defense attorneys need you to know:

• Measuring Cannabis Impairment Is Not Exact

Unlike alcohol, where blood alcohol concentration (BAC) reliably indicates impairment, THC levels in the bloodstream don't directly correlate with impairment. THC can remain detectable long after its effects have subsided, making the five ng/mL legal limit in Washington state potentially misleading.

• The Legal Limit Doesn't Account For Cannabis Tolerance

Individual tolerance to cannabis varies significantly. Some individuals may not be impaired at THC levels exceeding five ng/mL, while others might be affected at lower concentrations. The uniform legal threshold doesn't consider these differences, causing inaccuracies when assessing actual impairment.

• There Is A Lack Of Standardized Cannabis Testing

Currently, there is no reliable roadside test for marijuana impairment. Field sobriety tests are subjective, and factors unrelated to drug use influence the results. Blood tests detect THC presence but don't provide real-time impairment data, complicating the enforcement of DUI laws.

• The Law Is Unclear About Medical Cannabis

Washington state had legal medical marijuana, complicating DUI enforcement. Patients adhering to medical use laws may still face DUI charges due to detectable THC levels regardless of impairment.

• There Are Growing Legal And Constitutional Concerns

Critics of Washington marijuana DUI laws argue that the five ng/mL THC limit may infringe on your constitutional rights. The limit does not consistently indicate impairment and leads to arrests based solely on the presence of THC in the system.

As marijuana legalization continues to evolve, these issues remain contentious, with ongoing debates over how to best balance safety with fairness.

Due to the controversial nature of the law, any marijuana DUI charge can be successfully challenged. Our Bellevue legal team uses our experience and knowledge of the law to fight back against these charges in several key ways:

1. We'll Challenge The Accuracy Of THC Testing: THC can remain in your bloodstream long after its effects have worn off, making blood tests unreliable indicators of impairment. We will scrutinize whether your test results accurately reflect your condition at the time of driving.
2. We'll Dispute The Five ng/mL THC Threshold: Washington's five ng/mL THC limit doesn't account for individual tolerance levels. We can argue that this arbitrary threshold doesn't necessarily indicate impairment, especially for regular users.
3. We'll Question Field Sobriety Tests: Factors like fatigue or medical conditions can influence field sobriety tests. We'll assess the conditions under which police conducted these tests to determine their validity.
4. We'll Prove Lack Of Impairment: The presence of THC doesn't always equate to impairment. We'll examine your driving behavior and may consult experts to demonstrate that you were not impaired.
5. We'll Defend Against The Five ng/mL Blood Limit For Medical Users: Medical marijuana patients may have higher THC levels without being impaired. We'll argue that applying the same standard as recreational users is unjust.
6. We'll Challenge The Arrest Procedure: If there were procedural errors during your arrest, such as lack of probable cause or mishandling of evidence, we can challenge the legality of the arrest. A successful challenge can potentially lead to a dismissal of charges.

A marijuana DUI charge doesn't have to result in a conviction. Our experienced defense team knows how to challenge every aspect of the case, from the blood tests and field sobriety tests to the legal threshold for impairment.

Our Bellevue marijuana DUI defense attorneys are local to the city. You'll see us grabbing lunch at Purple Café and Wine Bar, hiking through Mercer Slough Nature Park, enjoying craft beer at Big Block Brewing at Bellevue Square, or attending events like the Bellevue Arts Museum's Arts Fair and the Bellevue Jazz & Blues Festival. We regularly work with local courts, including King County District Court and Bellevue Municipal Court, so we know the local judges and legal procedures. Our connection to the city allows us to bring a personalized approach to defending clients.

We believe that marijuana DUI charges can be successfully challenged in court. The laws around marijuana, DUI, physical control, and impaired driving are controversial and often open to interpretation. With over 20 years of experience, we know how to fight these charges. Call us now to speak to a marijuana DUI defense team in Bellevue.

A marijuana related DUI is very similar to an alcohol related DUI – so much so that they fall under the same statute. Just like a DUI, you will be facing jail time, fines, court fees, a license suspension, court ordered classes, and even an ignition interlock requirement! If you are being accused of driving under the influence of marijuana, give our Bellevue office a call. We will be more than happy to answer your questions. While an alcohol related DUI has a per se legal limit of .08, the marijuana THC limit in your system is 5 ng/ml. The general consensus is that this limit is quite low so you may actually be over that limit without even knowing it. It can also be more difficult to project the amounts in your system compared to alcohol. The different methods of consumption and lack of clearly labeled THC levels can result in different THC levels in your system. Just like with an alcohol related DUI, there are other factors which can impact the penalties you face, such as:

• Prior DUI charges
• Whether you refused a blood draw
• Whether there were injuries involved
• Whether you have a CDL
• Whether there are passengers under 16

If you are facing a DUI in which marijuana is involved, give our office a call for a free consultation with an experienced Bellevue, WA DUI lawyer. It is important to understand what you will be facing and to be proactive in addressing the charges.