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Washington State

Marijuana DUI/DUID

Washington not only prohibits drunk driving but also driving while under the influence (DUI) of drugs. And while recreational marijuana use is legal in the state, driving while under the influence of marijuana and other drugs is not. The penalties for a drug DUI are generally the same as those for an alcohol-related offense and just as serious.

A Washington motorist can be convicted of a drug DUI for driving or being in "actual physical control" of a vehicle while under the influence of drugs (including marijuana) or with a THC concentration of five nanograms or more per milliliter of blood. In other words, a drug DUI can be based on the amount of THC in your system or actual drug impairment.
‘Per Se’ and Impairment DUIs
All states have two types of DUI charges: "impairment" and "per se." The difference between the two charges is how the prosecution proves the driver was "under the influence." With a per se DUI, the prosecution just needs to show that the driver had a blood alcohol concentration (BAC) of .08% or more.

On the other hand, impairment DUI charges do apply to marijuana use. The focus of impairment laws is on how the drugs or alcohol affected the driver—not on which substance or the actual amount in the driver's system or whether the alcohol or drug use was legal. In Washington State the following applies:
BAC Thresholds for DUI And Physical Control
To determine if you are under the influence, police officers will administer a breath or blood alcohol concentration (BAC) test. If your BAC meets or exceeds the thresholds that the law sets, you could receive a physical control or DUI charge. If you refuse to take a BAC test, you could receive additional penalties.
You must be under the influence of alcohol, drugs, marijuana, or a combination of any of these substances for police to charge you with DUI or physical control.
Drugged Driving Penalties
The consequences of a Washington drugged driving conviction depend on the circumstances. But a DUI is generally a misdemeanor and carries the following possible penalties:

First offense. A first drug DUI conviction carries a fine of $350 to $5,000, one to 364 days in jail, and a 90-day license suspension. In lieu of the mandatory day in jail, the offender can serve 15 days on house arrest or 90 days in the 24/7 sobriety program.

Second offense. For a second DUI within seven years, the offender is generally looking at $500 to $5,000 in fines, 30 to 364 days in jail, and a two-year license suspension. Instead of the normal jail term, the judge can order four days in jail and either 180 days of house arrest or 120 days in the 24/7 sobriety program.

Third offense. Generally, a third DUI within seven years carries 90 to 364 days in jail, six months in the 24/7 sobriety program, $1,000 to $5,000 in fines, and a three-year license revocation. The court can add eight more days of jail time instead of sobriety monitoring.

For some offenders, participation in the 24/7 program will reduce the license suspension period.

If you are facing criminal charges, it is crucial to have effective representation immediately. An alleged DUI charge does not mean Guilty!

Even if you think the facts of the case aren’t in your favor, having the best possible criminal representation can be the difference between jail time and probation, or having your record destroyed with an avoidable felony or misdemeanor conviction. At Snohomish Law Group, our criminal defense attorneys give you time and attention, to ensure you are treated fairly under the criminal justice system.

We know State DUI Laws

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Our goal is to fight for and to deliver to you the best results possible, whether that be by way of an acquittal or favorable judgement at trial, a favorable settlement deal, or an outright dismissal. Unlike other firms, we will give you our all. There is no such thing as a case that is too big or too small.

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