Understanding Marijuana DUI Charges and Their Consequences in Washington State

Washington was one of the first states to legalize marijuana usage. Today, the state continues to work toward ensuring public safety regarding DUI cases. Marijuana DUI is a serious offense in Washington and carries significant legal penalties. If you use marijuana, it is important to understand marijuana DUI charges and their consequences in Washington State.

Legality of Marijuana in Washington State

Washington State legalized cannabis use in 2012. In 2021, Washington’s Department of Health surveyed the population and found that 58% of the state’s residents reported using cannabis at least once in their lifetime. However, THC can impair a person’s driving abilities. In fact, 704 deaths have been reported in the state since 2014 that resulted from an impaired driver. The highest percentage of those convicted of these accidents were males, aged 16-25, even though cannabis use is only legal for those 21 and over.

State law sets a clear legal threshold on marijuana impairment. A driver with a THC concentration of five nanograms or more per milliliter of blood can be charged with a DUI. If the driver is below the limit, they can still be arrested and charged if there is evidence of impairment, as THC impacts people differently. Washington allows for DUI charges, even without precise blood THC readings, if there is enough other evidence.

Testing for THC Impairment

Determining THC impairment can be complex. Unlike with alcohol testing, which can be tested quickly with a breathalyzer, marijuana requires a blood draw to determine THC levels. The officer generally needs to obtain a warrant to conduct the test, which adds another layer of procedure to the DUI investigation. This delay in testing does not give accurate results of the driver’s THC levels while they were on the road.

THC is also fat-soluble and can remain detectable in the bloodstream for a long time after use. This can make it difficult to determine levels of impairment at the time of driving. Because of this, law enforcement relies more heavily on field sobriety tests, observations, and evidence of the use of marijuana in the vehicle.

Penalties for Marijuana DUI Charges

The penalties for driving under the influence of marijuana in Washington are steep and increase in severity with each subsequent offense.

Some penalties may include:

• Jail time
• Fines
• Driver’s license suspension
• Drugs and alcohol rehabilitation programs
• Installing an ignition interlock device

A felony charge also greatly increases the severity of the penalties.

Your driver’s license is automatically suspended after a DUI charge. You then have seven days to request a hearing for reinstatement with the Washington State Department of Licensing (DOL) at 7225 170th Ave NE in Redmond. The DOL may include stipulations for reinstating your license, such as installing an ignition interlock device and paying reinstatement fees.

Legal Defenses Against Marijuana DUI

Understanding marijuana DUI charges and their consequences in Washington State can help you understand the potential defense strategies for your case. An experienced attorney may employ various defense options when exploring your case. These can include:

• Questioning the traffic stop: Law enforcement needs probable cause to pull you over and conduct sobriety testing. If they did not have a good reason, the case could be dismissed.
• Challenging the THC test results: The blood draw must have been conducted lawfully, and samples must be stored correctly.
• Arguing a lack of impairment: The presence of THC does not necessarily mean you were driving impaired.
• Medical marijuana use: If you’re a registered medical marijuana patient, your attorney can use this as part of your defense. However, this does not exempt you from standard DUI laws.

Whether you’re a casual user or a medical marijuana patient, responsible cannabis consumption means never getting behind the wheel when impaired. Knowing Washington’s DUI laws, as well as your legal rights and responsibilities, can be the first step in protecting yourself and others on the road.

FAQs About Marijuana DUI Charges and Their Consequences in Washington State

Contact a DUI Lawyer in Washington State

Being charged with a DUI in Washington State can come with life-altering consequences. Penalties may include jail time, steep fines, or license suspension. Peters Associates, LLC, represents individuals across the state who face DUI allegations and provides trusted legal counsel. We can tailor defense strategies to the specifics of your case and fight to protect your freedom and future.

Contact our team to schedule your initial consultation and get the legal guidance you need.