Seattle Marijuana DUI

Although marijuana is legal for adults in Washington, it is illegal to drive while under the influence of marijuana. A marijuana DUI in Seattle carries the same serious penalties as an alcohol-related DUI.

If you have been arrested for a marijuana DUI, you are facing potential jail time, license suspension, fines, and mandatory treatment requirements. Early legal representation is critical.

Washington Marijuana DUI Laws (RCW 46.61.502)

Washington has a specific “per se” THC limit for marijuana DUI cases. Under RCW 46.61.502, a person is guilty of DUI if, within two hours of driving:

  • The person has a THC concentration of 5.00 nanograms per milliliter of whole blood or higher, OR
  • The person is under the influence of or affected by marijuana.

Unlike alcohol, marijuana DUI cases almost always require a blood test. The timing of the blood draw and the handling of the sample are critical issues in these cases.

How Marijuana DUI Cases Work

Officers may suspect marijuana impairment based on:

  • Driving behavior
  • Field sobriety tests
  • Statements made by the driver
  • A Drug Recognition Expert (DRE) evaluation

Because THC metabolizes differently than alcohol, levels detected in the blood do not always correlate directly with current impairment.

Penalties for Marijuana DUI in Washington

The penalties for marijuana DUI are the same as for any DUI conviction under RCW 46.61.5055. A first offense is generally charged as a gross misdemeanor.

Depending on prior history and circumstances, penalties may include:

  • Mandatory jail time
  • Fines up to $5,000
  • License suspension (90 days or more)
  • Ignition interlock device requirement
  • Drug or alcohol evaluation and treatment
  • Probation supervision

Repeat offenses result in significantly increased penalties, including extended jail time and longer license revocation periods.

You also have only 20 days from the date of arrest to request a Department of Licensing hearing to challenge your administrative license suspension.

Defending a Marijuana DUI in Seattle

Marijuana DUI cases often involve complex scientific and evidentiary issues. Defense strategies may include:

  • Challenging the legality of the traffic stop
  • Questioning blood testing procedures
  • Examining chain of custody issues
  • Arguing lack of impairment
  • Attacking the timing of the blood draw

Because THC can remain detectable in the bloodstream long after impairment has subsided, these cases frequently present opportunities to challenge the State's evidence.

Call a Seattle Marijuana DUI Defense Lawyer

A marijuana DUI charge does not automatically mean conviction. Early intervention can significantly impact the outcome of your case.

Call 206-222-3280 now for a free consultation. Available 24/7.