Marijuana DUI in Tacoma

Washington state's cannabis laws can be confusing. Both medical and recreational use of marijuana are permitted, but Tacomans are still not allowed to operate a vehicle if they are intoxicated with cannabis. Further, many of the cannabis DUI testing methods are controversial as intoxication varies based on a person's tolerance. Washington state cannabis DUI laws also do not take into account medical marijuana uses.

Our Tacoma defense attorneys understand the nuances of these complex cannabis DUI laws. For over 20 years, we've been defending your neighbors across Western Washington against DUI charges. Count on us to challenge the circumstances of your arrest, undermine the prosecution's evidence, and present a powerful defense. With our Tacoma lawyers specializing in marijuana DUI defense by your side, you can rest assured your case will get a favorable outcome.

Contact our law offices now. We'll schedule a free consultation where our expert attorneys will review your cannabis DUI case and explain your legal options.

If the Pierce County Courts convict you for driving under the influence of marijuana, the judge could sentence you with several penalties, including:

• up to 364 days in jail;
• a fine of up to $5,000; and
• a 90-day driver's license suspension.

Our Tacoma attorneys specialize in reducing the penalties for cannabis DUI. Here's how:

• Arrest Procedures Analysis: We investigate any violations during your arrest, including failures to adhere to Miranda rights, unreasonable searches and seizures, and other constitutional protections. If the Tacoma police violated your rights, we will contest the legality of the arrest itself, leading to the courts reducing or dismissing your charges.
• Evidence Integrity Review: We examine the collection and handling of evidence against Washington state and federal laws. By challenging any breaches in evidence collection protocols, we will argue for the exclusion of this evidence, which can weaken the prosecution's case and lead to reduced penalties or dismissal.
• Plea Negotiations: We effectively negotiate with prosecutors by highlighting the weaker aspects of their case and your mitigating circumstances. We can secure reduced charges or alternative sentences like rehabilitation programs.
• Court Representation: At court, we'll challenge the prosecution's evidence and procedural adherence. We'll also argue that a strong defense can lead to favoring lighter sentencing or even acquittal if the prosecution's case is flawed.
• License Suspension Advocacy: We argue against license suspension by proving you need your vehicle. In many cases, we can prevent or reduce the duration of license suspension.

The penalties for a cannabis DUI are steep, but with an experienced Tacoma defense attorney at your side, the court may reduce your penalties or dismiss your case altogether.

When Tacoma law enforcement charges you with a cannabis DUI, you will not immediately lose your driver's license. Instead, the courts will issue a notice of your driver's license suspension 30 days from the date of the notice, allowing you to contest the suspension. However, you must do so by requesting a hearing within the first 20 days of the arrest. At the hearing, a judge will rule on whether you can keep your license while you face charges.

To secure a conviction for DUI in Tacoma, Pierce County prosecutors must prove specific legal elements beyond a shadow of a doubt. They must show:

• Physical Control: The prosecution must demonstrate that you were in physical control of the vehicle while impaired. In Washington state, physical control laws do not cover just driving. Simply being in the position to control a vehicle can suffice.
• Impairment: The prosecution must prove cannabis impairment while in physical control of a vehicle.
• Causation: The prosecutor must establish your impaired condition was due to the consumption of cannabis. They will present evidence of your THC levels based on blood test results obtained within a reasonable time after law enforcement stopped you. A result showing THC concentrations of 5 nanograms per milliliter or higher can prove impairment.

A skilled Tacoma defense team will prove the absence or weakness of the prosecution's evidence to prove these legal elements.

Our attorneys know the Pierce County judges and prosecutors and what arguments sway their opinion in your favor. We'll craft a strong defense strategy that secures a favorable outcome for your case. Some defenses we will explore include the following:

• Challenge The Traffic Stop: Our defense attorneys in Tacoma will assert that the initial traffic stop lacked reasonable suspicion of cannabis impairment.
• Dispute Field Sobriety Test Results: As experienced DUI attorneys, we understand that field sobriety tests (FSTs) are not scientifically validated for detecting impairment from cannabis. We challenge both the administration and the interpretation of your impairment based on these tests.
• Contest Blood Test Results: We examine the accuracy, timing, and handling of your THC blood test. Given that THC levels can decline swiftly after consumption, the timing of the test is critical to our defense.
• Argue The Relevance Of THC Levels: Our team argues that the presence of THC in your blood, even above the legal limit, does not conclusively prove impairment. We highlight how THC tolerance varies among individuals and that the statutory limit of 5 nanograms per milliliter does not universally indicate impaired driving ability.
• Present Contrary Evidence: We leverage witness testimony, video evidence, and expert opinions from pharmacologists or toxicologists to challenge the prosecution's narrative. We'll provide an alternative interpretation of the evidence, showing you were not impaired at the time of the incident.

Tacoma has some of the best drives in Washington state. Enjoy the stunning views along Ruston Way Waterfront, the historic charm of the Five Mile Drive through Point Defiance Park, and the sweeping vistas of the Tacoma Narrows Bridge. Beyond the city limits, you can explore majestic drives like the route through Mount Rainier National Park, the Olympic Peninsula, and the Pacific Coast Scenic Byway. Losing your driver's license means losing these drives.

At our law firm, we understand the complexities and controversies surrounding cannabis DUI laws. This is why we believe every charge should be challenged. Contact our Tacoma legal team now for a free consultation, and let us start defending your freedom today.

With having a limited quantity of marijuana now being legal under State law, the DUI law also was slightly altered. The same statute applies with this type of DUI so the consequences you face will also be virtually the same. You will still face a maximum penalty of 364 days in jail and a $5,000 fine in most instances, along with probation, court ordered classes, license suspension, and even the ignition interlock!

The big difference between an alcohol related DUI and a marijuana DUI is the analysis of your blood. While alcohol can be measured by way of a breath test, marijuana is only currently measured by way of a blood draw. Also, most individuals should know the per se legal limit for alcohol is .08. Instead, per se legal limit for marijuana in your system is 5 ng per mL. This level can be especially difficult for a user to determine in advance. While there are general rules of thumb about the speed of alcohol dissipating in an individual’s body as well as most alcohol having label indicating alcohol percentages, marijuana doesn’t have that luxury. The level of THC in your system can also vary depending on the method of consumption.

Whether you are facing an alcohol related DUI or a drug related DUI, feel free to give our office a call. We will be more than happy to discuss your case and answer your questions.