Marijuana DUI Arrest? Call Today 425.398.4323
This past year, with the legalization of Marijuana, the State of Washington implemented measures to address those charged with legally consuming Marijuana and driving. Previously any driver suspected of marijuana (THC) use would be tested and the results really were speculative, now however, there is a "legal-limit" one can have in their system and if beyond can be charged with a Marijuana DUI.
Is there a legal limit for Marijuana DUI?
The new standard for THC impaired drivers is 5 nanograms (ng/mL) of whole blood (active THC, not carboxy THC). The legislature arrived at this conclusion based upon speculation as there are no treatises/studies/etc. that state definitively "impairment" is found at this level of THC in someone's blood. In fact a recent study has concluded the per se limit is completely baseless - click here to read the article. Regardless, prosecutors need now only prove you drove and within 2 hours of driving had a blood result of 5 ng/mL or more to convict you of a Marijuana DUI arrest. Attention those under 21, the government need only show you have any amount of THC to convict you for a Minor DUI. Keep in mind that the field sobriety or roadside tests were not meant to detect impairment for THC but alcohol, nevertheless law enforcement will still implement these tests if they suspect you have smoked. Our advice, just don't do them, politely decline and say you have been advised by an attorney not to take them because they are not accurate and are unfair.
Seattle's Best Marijuana DUI Attorney, Nate Webb, advises any person considering driving after smoking/ingesting Marijuana to avoid driving; however, if you did drive after doing so and were arrested, call me today!
If you use Medical Marijuana - beware - regardless of your prescription, you simply cannot guess at the level you will be (i.e., ng/mL) when you legally consume/smoke/ingest marijuana. The same goes for those who legally smoke without a prescription. Just like alcohol, the limit allowed by law is very low and speculative, it is best just not to drive if you are smoking marijuana.
Not surprisingly, the legislature failed to take into account different variations of marijuana and their respective affect on individuals. In my opinion, this new marijuana DUI legislative "legal limit," without true tests of how persons are impaired as a result of Marijuana use, is unreliable. Nevertheless, the law is the law and the Webb Law Firm will fight for those persons arrested for a Washington State Marijuana DUI charge.
My very first jury trial resulted in a "Not Guilty" DUI verdict on a marijuana DUI case!
Contact me today to discuss your Washington State Marijuana DUI arrest!
Call Seattle Marijuana DUI Attorney, Nate Webb, today for a free Marijuana DUI arrest consultation - (425) 398-4323