Marijuana DUI Attorney in King County, WA

Strategic Representation for Cannabis-Related DUI Charges

Both medical marijuana and recreational marijuana are now legally available for purchase and consumption in the State of Washington, but driving under their influence is still strictly illegal. Individuals aged 21 or older can possess and privately use marijuana in Washington. Still, because of this fact, officers are on the hunt for those who are driving while intoxicated by the effects of cannabis.

Marijuana users often face criminal charges that could negatively impact their lives and result in severe penalties and collateral consequences. Only a skilled marijuana DUI attorney can defend your rights and protect your reputation and freedom.

Contact our law offices today to schedule a consultation so that we may professionally evaluate your case.

What is Marijuana?

Asking what marijuana is may seem like a silly question to many who know. Still, marijuana’s legalization has created a variety of types of the drug as well as many ways to consume it.

Marijuana is a greenish-gray mixture of dried flowers of Cannabis sativa. The primary way that marijuana is consumed is by smoking the rolled leaves, commonly referred to as a “joint.” It may also be smoked by using:

  • a water pipe (a bong)
  • a “regular” pipe; and
  • blunts, marijuana leaves rolled in cigar wraps

Marijuana can also be consumed in other ways, such as, but not limited to:

  • brewed in tea
  • cooked into foods, “edibles” like brownies, cookies, or candy
  • inhaled via vaporizers, “vapes.”
  • applied in the form of oil or lotion

What Makes Marijuana Intoxicating?

Marijuana is intoxicating or gets you “high” because of the presence of a psychoactive (mind-altering) substance called “delta-9-tetrahydrocannabinol” (THC). THC attaches to receptors in the brain, affects a person’s abilities, and induces certain feelings.

Marijuana can significantly impact a person’s ability to drive by:

  • affecting mood
  • causing mild hallucinations
  • affecting a person’s sense of time and space
  • slowing a person’s cognition (ability to think); and/or
  • decreasing a person’s reaction time

What Legal Elements Does a Prosecutor Need to Prove in a DUI Marijuana Charge?

To prove a case of Marijuana DUI in Washington, the prosecutor is required to prove, beyond a reasonable doubt, each of the essential elements of the crime. These include that you:

  • Operated a motor vehicle and a blood or urine test detected 0.05 nanograms of THC or more (or any amount of THC if under the age of 21); or
  • Operated a motor vehicle while affected by marijuana

Because there is no roadside test similar to a breathalyzer that the police can use to determine if you are driving under the influence of marijuana, the concentration must be obtained from a blood sample.

Even so, just as with suspected drunk driving, there are specific rules that dictate a blood sample must be taken within two hours of a suspect operating a motor vehicle. Blood samples can be obtained through voluntary consent or a search warrant.

How Do Blood Tests Affect a License Suspension for DUI Marijuana?

If you consent to the blood draw, and your THC levels are above 5.00 nanograms per milliliter of blood, you will be arrested by Washington State law enforcement for Marijuana DUI. However, if you are under the age of 21, any amount of THC in your blood is illegal, and you can be arrested.

If your THC levels are above the legal limit of 5.00 nanograms, your driver’s license will be suspended:

  • 90 days for a first-time offender; or
  • 2 years after a prior DUI conviction.

If instead you refuse to consent to the blood draw, you may still be arrested for a marijuana DUI. When an officer believes you are intoxicated as a result of drugs, they can still arrest you for a DUI offense. A refusal to consent to the test will also result in a driver’s license suspension of:

  • 2 years for a first-time offender, or
  • at least 3 years if you have a prior DUI conviction.

No Blood Test

If no blood test was administered or the test results came back below 5.00 nanograms, the prosecutor can still pursue charges against you by arguing that you were “appreciably affected” by the cannabis. To prove their case, the prosecutor may have presented evidence obtained from a “drug recognition” officer who may have been summoned to the scene to determine if you suffered from marijuana impairment. Other officers at the scene may have also reported that you had trouble completing a field sobriety test or had evidence of a green tongue. Additional evidence may include dash cam footage showing you had slow reaction times or drifted between lanes.

What are the Penalties for Marijuana DUI?

The penalties for a Marijuana DUI conviction are the same as a DUI for alcohol or a DUI for other drugs. Depending on the facts of the case, the charge may be a misdemeanor or a felony. The penalties are severe and can greatly affect your life, your finances, and your freedom/

Misdemeanor DUI

The typical penalties for a DUI due to marijuana are listed below, but can vary according to the circumstances of each unique case.

  • First Offense
    • 24 hours to 364 days in jail
    • Fines ranging anywhere between $823 to $5,000
    • Driver’s license suspension between 90 days and 2 years
  • Second Offense
    • 30 days to 364 days in jail
    • Fines ranging anywhere between $1,015 to $5,000
    • Driver’s license suspension between 2 years and 3 years
  • Third Offense or Subsequent Offense:
    • 90 days to 364 days in jail
    • Fines ranging anywhere between $1,805 to $5,000
    • Driver’s license suspension for 3 to 4 years

Felony DUI

A marijuana DUI can be a felony when certain circumstances exist. A marijuana DUI is typically charged as a felony if you have three or more DUI-related offenses in the past 15 years or a previous conviction for vehicular assault or vehicular homicide while driving under the influence. You can also be charged with a Class B or C felony if your current case involves serious bodily injury or the death of another person.

If your marijuana DUI is a felony DUI, the possible penalties include the following:

  • a prison term for a maximum duration of up to 5 years;
  • a maximum possible fine of up to $10,000; and
  • a driver’s license suspension of 1 to 3 years.

What are the Collateral Consequences of a Marijuana DUI?

If convicted of a marijuana DUI in Washington, you have to think not only about the criminal penalties. Other consequences can also occur, including but not limited to:

  • A permanent criminal record that shows up on background checks
  • Difficulty getting to work
  • Potential loss of your current job
  • Loss of professional licenses or security clearances
  • Effects on your enrollment in school or college; and/or
  • Required drug treatment classes

Unexpected consequences can greatly affect your life, but with the right Washington marijuana DUI lawyer at your side, you can defend your case and your rights. Any type of DUI charges can negatively impact your life, but because marijuana is considered a drug, it could negatively impact your ability to enter the medical or teaching profession.

How Can an Attorney Defend Me Against a Marijuana DUI Charge?

Do not assume you are guilty just because you were charged with marijuana DUI. You and your attorney can raise defenses to challenge the prosecutor’s case, including but not limited to:

  • Inadmissible Field Sobriety Tests: Field sobriety tests are a common tool for determining intoxication. However, these tests are far from accurate and often lead to false positives.
  • Inadmissible Blood Tests: A blood test that shows 0.05 nanograms of THC per milliliter of blood is required to prove DUI marijuana (under the blood test). However, these tests are often performed incorrectly. Further, just because a person has 0.05 nanograms of THC in their blood does not mean that person is intoxicated. THC does not leave the body the same way alcohol does, and false positives of intoxication are far too common.
  • Unconstitutional Police Conduct: When a Washington police officer violates your constitutional rights, the evidence against you can be suppressed, meaning it can no longer be submitted as evidence. Evidence suppression may help you get your charges reduced or even dismissed.

Consult Our Washington Marijuana DUI Lawyers

If you or someone you care about has been arrested for marijuana DUI, you need an experienced Washington marijuana DUI lawyer to defend your case and protect your constitutional rights. Because Washington state has strict DUI laws, you need a lawyer who is not afraid to challenge the prosecution’s evidence.

James Curtis of The Curtis Firm has comprehensive experience helping clients facing marijuana DUI charges. When you come to us for legal assistance, we will work diligently to build a custom-tailored defense strategy designed to protect your driving privileges, freedom, and reputation.

Contact our King County law offices today at 253-649-2426 to schedule a complimentary consultation.