Seattle Marijuana DUI

In Seattle, a person who drives under the influence of drugs can be arrested for suspicion of DUI. When the drug is marijuana, there are specific laws that apply. Some people are unclear about marijuana do you buy lives in Washington. Because marijuana is legal in small quantities in the state some do not understand how it applies to do you worry about. The truth is that just because marijuana is legal does not make it okay to consume before or during driving baby operating a vehicle. In fact, a driver with a high amount of marijuana in their system can face serious penalties just like any other drug. Like any type of DUI charge, a marijuana DUI should never be taken lightly

Washington Marijuana DUI Laws

Marijuana DUI laws in Washington are more specific than in other states. Most states just list marijuana as a drug that a driver cannot be impaired by when operating a vehicle. Washington takes this a step farther and has a specific subsection that relates to marijuana intoxication. Under Washington law for driving under the influence RCW 46.61.502(1) states the following:

(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:

(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506;

THC is the active ingredient found in marijuana. The analysis will be based on nanograms per milliliter of blood and must be proven by a blood test performed under the correct conditions and by an approved facility. This law means that any person who operates a vehicle and has consumed a significant amount of marijuana can be arrested and charged with DUI in the state of Washington.

Penalties for Marijuana Related DUI Convictions

The penalties for  marijuana DUIs are the same as any other form of DUI. Just like alcohol or any other type of drug, a conviction can result in jail time, a fine and even license suspension. Under Washington law a person who is convicted of a marijuana related DUI is will be charged with a gross misdemeanor. Need penalties for a gross misdemeanor include the following:

• First Offense in a 7 year period:
  
  • Jail time of 30 days to 364 days or
  • A fine of $500 to $5000 or
  • A combination of both punishments
  • 90 days of license suspension
• Second Offense in a 7 year period:
  
  • Jail time of up to 364 days or
  • A fine of $350 to $5000 or
  • A combination of both punishments
  • Probation
  • 2 years of license suspension
• Third or Fourth Offense in a 7 year period:
  
  • Jail time of 90 days to 364 days or
  • A fine of $1000 to $5000 or
  • A combination of both punishments
  • Probation
  • 3 years of license suspension

Defending Marijuana DUIs in Seattle

Marijuana DUI charges can be difficult to prove. In many cases this can work to the advantage of the suspect. There are several challenges that police and prosecution face when charging a suspect with marijuana DUI.

Marijuana law in Washington is stricter than many other states. Because no conclusive studies have been performed that correlate THC intoxication levels with impaired driving, many marijuana DUI suspects argue that they were not actually impaired while driving even though there was a high level of THC in their blood. Because Washington law lists a specific amount of allowable THC, it removes this argument from being a possible defense.

One defense that can be used is arguing when the marijuana was consumed. Unlike alcohol intoxication, THC levels in the blood can exist for several days after use. This means that a DUI suspect who has a concentration of THC above the legal limit may argue that the marijuana was consumed days before and the effects had worn off long before they operated a vehicle. There is no way for a suspect to prove this is true but there is also no way to disapprove it.

Call a Seattle Marijuana DUI Now

If you have been arrested for a marijuana related DUI in Seattle, call our office right away. The penalties for this type of DUI can be severe but defense possibilities do exist. Attorney Steve Karimi cares not only about getting you the best possible results, but about making sure you feel comfortable during the entire process. He is never more than a phone call or email away if you have any questions or just want an update during your case. Best of all, he will meet you in a comfortable atmosphere for a free consultation and explain more about how he can work for you. Call our office now to get started.