Drugged Driving Defense Lawyers in Tacoma

Helping Clients Fight Marijuana DUI in Washington State

Although Washington State allows recreational and medical marijuana, driving under the influence of marijuana is prohibited under the law and is treated as a serious criminal offense.

A marijuana DUI conviction could result in a license suspension, steep fines, and jail time. Additionally, anyone with a prior marijuana DUI conviction can face enhanced penalties. 

Contact South Sound Law Group today to schedule a free consultation. We will review your case and determine the most suitable legal strategies for your needs.

When Can You Be Arrested on Marijuana DUI Charges in Washington State?

Washington has implied consent laws, meaning that if you are driving within the state, you give your consent for your breath or blood to be tested if you are suspected of DUI. In December of 2012, a new law was passed that also banned driving under the influence of marijuana, along with alcohol. Under the state’s implied consent laws, if a police officer stops you and believes you are under the influence of marijuana, they can require you to submit to a chemical blood test by obtaining a search warrant from a judge, even if you don’t consent. If an officer believes you’ve been drinking alcohol and using marijuana you can be arrested for a DUI and if you refuse a breath test you run the risk of your driver’s license being suspended for one-to three years, depending on whether you have a prior DUI conviction.

If you submit to the test and are found to have five nanograms of THC per milliliter of blood in your system within two hours of operating a vehicle, you can be charged with a marijuana DUI. Due to the state’s zero-tolerance law, if you are under 21, you can be charged if any THC concentration is found. Individuals who hold a commercial driver’s license are held to a higher standard, and federal DOT laws strictly prohibit them from having any trace of marijuana in their system.

If you have questions about Washington DUI law, it is best to consult a knowledgeable attorney who will answer your questions and determine what legal options apply to your case.

What are the Penalties for a Washington Marijuana DUI Conviction?

Even though Washington law permits individuals to use medical marijuana or use it for recreational purposes, it strictly prohibits drivers from being under its influence while operating a motor vehicle. The state has enacted strict laws that penalize drivers who consume marijuana and pose a risk to public safety.

Penalties in marijuana DUI cases can vary depending on the circumstances involved and whether the defendant has prior offenses. For a first offense, marijuana DUI is considered a gross misdemeanor with a conviction that can result in at least 24 hours of jail time or 15 days of electronic home monitoring, up to one year in jail, steep fines, and a 90-day driver’s license suspension. Subsequent offenses can result in enhanced fines and severe penalties. 

The best way to avoid severe marijuana DUI penalties is to hire an attorney who can work to disprove the state’s case. South Sound Law Group has extensive experience handling DUI marijuana cases and will work to craft an innovative defense strategy to help you avoid a conviction.

Why Do I Need to Hire a Lawyer if I Am Facing Marijuana DUI Charges?

Unfortunately, many marijuana users are unaware of the state’s DUI laws and the impact convictions can have on their lives. If you are convicted of a marijuana DUI, you will face many of the same challenges as an alcohol-related offense, including license suspension, jail time, and fines. Other legal implications include difficulty obtaining gainful employment or being barred from enrolling in a higher learning institution.

A marijuana DUI attorney will evaluate the state’s case to identify flaws in testing procedures and results. In many instances, a marijuana DUI defense attorney can challenge the reliability of a blood test as THC can linger in the body, leading to inaccurate results. In other instances, a skilled attorney can argue that the blood test was administered incorrectly or that the testing equipment was improperly maintained. Although medical marijuana use is not considered an affirmative defense, a knowledgeable attorney may use it to your advantage when arguing your case.

One of the most significant benefits of hiring a Tacoma DUI marijuana defense lawyer is that they can negotiate with the prosecution to try to have the charges dropped or reduced. Your attorney may be able to review dashcam footage and argue that the police officer had no probable cause to stop you or that your rights were violated, and that your case should be thrown out.

What Makes Your Washington Marijuana DUI Lawyer the Right Choice to Handle My Case?

Because marijuana can severely impede a person’s ability to operate a motor vehicle safely, the state takes a tough stance on marijuana DUIs. However, our qualified DUI defense lawyers are well-versed in the legal intricacies of such charges and know what it takes to achieve favorable results for our clients.

When you come to us for help with your DUI marijuana case, our legal team will thoroughly analyze the state’s evidence to build a solid defense strategy that we can use for leverage when negotiating with the prosecution. For example, although many police officers like to use field sobriety tests to try to detect marijuana impairment, they are widely known for being inaccurate. Field sobriety tests are highly subjective based on the officer’s judgment. Additionally, although a blood test is more widely used to determine marijuana impairment, certain medications and a person’s rate of metabolism may skew the results.

If you have been arrested for a marijuana DUI, contact South Sound Law Group today at 253-465-2722 to schedule a free, no-obligation consultation so that we can discuss your case.