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Understanding Marijuana DUI in Washington

Recreational marijuana has been legalized in Washington, but it is still illegal to operate a vehicle while under the influence of any drug. In fact, since the legalization of marijuana, the standards for detecting marijuana-impaired driving have become tougher. Hefty fines and even jail time can result from these offenses, which makes mounting a compelling and dynamic legal defense extremely important.

At the Knauss Law, we vigorously defend those accused of DUI and DUI-related offenses including “drugged driving.” Marijuana DUI is still a fledgling and uncertain area of criminal law and effective legal defense requires attorneys well-versed in the very latest protocols and science used to enforce these infractions.

Our attorneys are always prepared to assess the details of your case and ensure that every avenue towards a reduction or dismissal is exhaustively pursued.

Washington Marijuana DUI Limits & Penalties

The science behind creating marijuana DUI laws has been controversial and highly contested. Initiative 502, which made marijuana legal in Washington, set a standard of 5 nanograms of active THC per milliliter of whole blood as the legal marijuana limit for drivers. Many experts believe this is a low threshold, a much lower one than the blood alcohol content equivalent.

Penalties associated with marijuana DUI convictions include:

  • First offense - up to one year in jail and 90-day license suspension.
  • Second offense - up to one year in jail and two-year license revocation.
  • Third offense - up to one year in jail and three-year license revocation.
  • Fourth offense – likely a felony.

Fines, electronic home monitoring, and even ignition interlock devices could also be part of your penalty, as well. A mandatory fee of $200 is also applied to pay for the sobriety test if you are convicted.

Effective Defense is Possible

While the standards for marijuana DUI offenses are sensitive and strict, these arrests are also vulnerable to many of the same defenses that DUI stops are – if not more. If your DUI arrest has probable cause, police conduct, or sobriety test issues, then those details need to be addressed. Knauss Law will ensure that these issues are identified in your case and, if present, are emphatically highlighted towards a dismissal on your behalf.