A California man has been charged with vehicular homicide in a marijuana DUI related crash that killed a 59-year old Washington man. Two weeks ago, the California man, driving a Dodge Ram pickup truck, ran a stop sign striking and killing the driver of a Chevrolet Lumina. The Ram flipped over, landed on its roof, and Washington State Troopers reported that there were no skid marks to indicate that the California man did not obey the stop sign. After conducting field sobriety tests as well as drug recognition evaluations at the scene, the Washington State Troopers concluded the California man was intoxicated with marijuana at the time of the crash. This week, the Yakima County Prosecuting Attorney filed charges against the man in Superior Court.
Marijuana DUI in Washington State
In Washington, a person may be arrested for a DUI if they are found to be driving under the influence of liquor, marijuana, or any drug while driving in Washington. A person is guilty of driving under the influence of marijuana in the state of Washington if:
- "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; or
- While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
- While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug."
The penalties for a marijuana DUI are the same as those for any other form of DUI. A person convicted of a marijuana DUI in Washington will be charged with a gross misdemeanor. The full penalties, of course, depends on the number of DUI offenses they receive within a ten year period. The following are examples of potential penalties for a marijuana-related DUI:
- Up to a year in jail; or
- A maximum of $5000 in fines; or
- A combination of both; and
- A 90 license suspension
A marijuana-related DUI can become a class B Felony if the person has three or more prior DUI offenses in a ten year period or if the person has ever before been convicted of:
- Vehicular homicide while under the influence;
- Vehicular assault while under the influence;
- A comparable out-of-state offense; or
- A violation of the preceding in combination with a current DUI conviction.
Call The Law Offices of Steve Karimi
A marijuana DUI can be hard for the police and the prosecution to prove and this can often work to the advantage of the suspect. However, this does not make a marijuana-related DUI charge any less serious than a DUI of any other form. If you or someone you love has been arrested for a marijuana-related DUI you need to contact the Law Offices of Steve Karimi as soon as possible. Steve Karimi is a former prosecutor who now uses his experience and legal insight into the justice system to fight for the rights of those accused. Contact Us today for a free consultation.