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Driving While Under the Influence of Marijuana, Washington State

Posted Friday, January 26, 2018 by Lizanne Padula.

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Driving Under the Influence (DUI) laws in Washington State prohibits driving while under the influence of marijuana, as well as alcohol and any other drugs that impair one’s ability to drive.

Driving While Under the Influence of Marijuana, Washington State

In Washington State:

“(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 46.62.506[.]” (RCW 46.61.502).

Determining THC blood concentration must adhere to RCW 46.62.506, which spells out how such evidence must be collected and tests administered. The blood analysis of the person’s THC concentration shall be based upon nanograms per milliliter of whole blood. RCW 46.62.506(2)(b). Washington State law deems 5 ng/ml as an accurate threshold to imply impairment. Testing for the presence of marijuana in the blood is easy. However, the truth is that a blood test for assessing whether someone is acting under the influence of marijuana is controversial because the drug does not manifest itself as consistently in all users the way other substances, such as alcohol, does. If you are being charged with DUI with a THC concentration of 5 ng/ml or higher, an experienced DUI defense attorney can help you defend against the charges and the use of evidence against you.

It is important to understand that Under Washington State’s law against DUI a person may be found guilty of DUI without necessarily being found to have a blood alcohol concentration or THC concentration above the legal limits of the code. This means that even if evidence of a THC concentration above the legal limit is found inadmissible, the prosecutor may still be able to secure a conviction for DUI.

While it may be more difficult for a prosecutor to secure a conviction for DUI without proof of intoxication above the legal limit, it is not impossible. If you’ve been arrested for DUI, it is critical that you hire an experienced DUI defense attorney. The consequences for DUI conviction are steep―you need to mount a strong defense from the start.

Defending Against DUI Charges

Between the minimum penalties and the long-term consequences of having a DUI on your record, you need to hire a fierce advocate to defend you against the state’s accusations. There are a number of ways to successfully defend against DUI charges, including the possibility of getting the charges dropped completely or reduced to lesser charges.

Most of the DUI cases we handle at Padula & Associates, LLC are reduced to lesser charges or dismissed entirely. Hiring our experienced DUI defense attorneys can help you get the best possible outcome in your case.

Call us 24/7 at 425-883-3366 or fill out this simple web form to schedule a free consultation with an experienced DUI defense attorney.

For over 20 years, Padula & Associates, LLC has been serving the people of King County, Snohomish County, and throughout Washington State with aggressive criminal defense services.