Marijuana DUI
If you have been accused of a marijuana DUI in Everett, Washington, it’s important to know what that exactly entails. This offense in Washington is when someone is found driving under the influence of marijuana or cannabis, a substance that can affect your ability to operate a vehicle safely. Alcohol, which is commonly associated with DUIs, has some obvious effects on your driving, while marijuana can be more subtle. This makes it much harder for a driver to recognize how impaired they are.
THC is the active component in marijuana and can affect cognitive functions, motor coordination, and reaction time, all of which are essential when it comes to safe driving. If an officer suspects you are impaired by marijuana, they are allowed to administer a roadside test or request a blood test to measure your THC levels, which is limited to 5 nanograms per milliliter in the state of Washington.
It is also important to note that the drug’s effects can vary wildly and depend on your tolerance, the method of consumption, and other factors like your body weight. For example, if you use marijuana more frequently, you might be less impaired at a certain THC level than someone who doesn’t use the substance often.
Despite all of this, any detectable amount can lead to DUI charges for you. The officer might use other cues as well, like erratic driving or even the odor of marijuana, as a part of their investigation.
So, with the combination of the rise in marijuana use and the chaos surrounding impairment and how it affects each person differently, there are ongoing debates about the best way to enforce DUI laws for marijuana. There is no perfect science behind it, which is why it is important to be aware that getting behind the wheel after using marijuana can lead to serious legal consequences.
Washington State Laws Governing Marijuana DUIs in EverettIn Everett, marijuana DUIs are governed by RCW 46.61.502, which outlines the framework for impaired driving in the state of Washington. Here are some of the more notable statutes you want to keep in mind if you find yourself facing these charges.
- RCW 46.61.504: This is when you are found with an alcohol or drug concentration of more than 0.08.
- RCW 46.61.5055: Here, you will find all of the penalties associated with these charges related to marijuana, including fines, license suspension, mandatory DUI education programs, and even possible jail time.
- RCW 46.61.5054: This is where you will find more information regarding DUIs for marijuana or drugs other than alcohol. It also includes provisions for chemical tests to help determine impairment.
- RCW 46.61.517: These are the standards for testing for THC levels, which can be used in all DUI cases to establish impairment as a part of the case.
- RCW 69.50.360: This one isn’t directly related to a DUI but still talks about the possession, distribution, and sale of marijuana in the state.
- RCW 46.20.285: This is where you will find information about the automatic suspension of your driver’s license if you are arrested for a marijuana DUI. It also provides information about hardship licenses and how you can appeal.
Everett is often referred to as an enchanting port city in Puget Sound, where you can find snow-capped mountains and one of the largest marinas. There is so much to do and so much to explore, so it is easy to see the appeal so many find in this great city and state. However, like with any other busy city, it has its fair share of challenges. Given its proximity to bigger metropolises and a busy urban environment, marijuana-related DUI offenses are a concern, especially since its legalization.
Residents and visitors are reminded that despite the legal status of marijuana, impaired driving remains a serious offense in Everett. Law enforcement works tirelessly to deter and punish impaired driving to help ensure the safety of the community.
Why You Need a Criminal Defense Attorney for a Marijuana DUI in EverettIf you find yourself facing the severity of these charges in Everett, you don’t have to tackle it alone. Hire an experienced criminal defense attorney to ensure your rights are protected. Your attorney will carefully evaluate the details of your case, look at the evidence, and determine if law enforcement followed all of the proper procedures. They can then challenge the reliability of the testing methods used or argue that your impairment wasn’t significant enough to even constitute a violation of the law.
Your attorney should also have a good understanding of the legalities involved in these charges so they can help you navigate the court system, negotiate plea deals, and even potentially reduce the charges against you. Remember, DUI convictions carry long-term consequences that can negatively affect your future.
Our firm strongly believes that every marijuana DUI charge that comes to our desk can be successfully challenged in one way or another. Our criminal defense attorneys have been defending clients against these driving-related offenses for years.
So if you or a loved one are facing a marijuana DUI charge, let us assist you. We can help ensure a more favorable outcome. Our Everett marijuana DUI attorneys are seasoned and aggressive legal professionals who fight to keep you out of jail and protect your driving privileges.
Marijuana DUIs are very similar to standard DUIs. They are charged under the same statute and have the same consequences. Just like a standard DUI, the maximum penalty is 364 days in jail and a $5,000 fine. It will also come with mandatory jail, license suspension, an ignition interlock requirement (which is odd when alcohol is not involved), court ordered evaluation and treatment, along with probation. Just like with a regular DUI, you will also typically face a DOL hearing along with all of the same consequences.
The key difference between the two types of DUI is obviously one includes a measurement of alcohol in your system while the other includes a measurement of THC in your system. While the legal limit of alcohol is .08, the legal limit of THC is 5 ng per mL. The fact that you might not necessarily be high at that level does not matter, just like you might not actually be drunk at .08. What can be especially problematic when it comes to marijuana is the difficultly of gauging how much you have actually ingested. While alcohol typically has labels and you can normally figure out how much alcohol/shots you have had, when it comes to marijuana, there are different types with different strengths. The form of ingestion also can impact how much goes into your blood stream. It is especially important to be very cautious when driving after ingesting marijuana. The early general consensus is the 5 ng level is very low. Simply not feeling high may not be enough to truly tell if you are under the legal limit.
Whether you are facing an alcohol related DUI or marijuana related DUI (or both), give our office a call. We will be more than happy to discuss your case with you and answer any of your questions.