Bellevue Drug DUI Attorney

Driving Under the Influence of Drugs in Bellevue, WA

When most people hear “DUI,” they think of driving under the influence of alcohol. However, in Washington State, it is also a crime to drive while impaired by drugs, whether an illegal substance, recreational cannabis, or a prescription medication. Any substance that impairs one’s ability to safely operate a motor vehicle can serve as the basis of a drug DUI charge.

Law enforcement has recently begun using trained Drug Recognition Experts (DREs) who evaluate those suspected of driving under the influence of drugs. However, in many cases, the tests used to determine impairment are highly subjective. If you have been charged with drug DUI in Bellevue or anywhere in Washington, it’s critical that you speak to an attorney right away.

At DUIHeroes, we defend people against drug DUI charges. Call our Bellevue drug DUI lawyers now for a free consultation: (425) 296-9358.

Understanding Washington’s Drug DUI Laws

Under state law (RCW 46.61.502), it’s illegal to operate a motor vehicle while “under the influence of or affected by intoxicating liquor, cannabis, or any drug.” The broad language of the law means you can be arrested and charged with driving under the influence of drugs, or DUID, if you are found to be driving after taking any type of drug that impairs your ability to operate the vehicle, whether it’s an illegal substance or a legally prescribed medication. 

Unlike alcohol DUI, where a per se BAC threshold (0.08%) can trigger the charge by itself, most DUID charges rely on the prosecution’s ability to prove the drug actually impaired your ability to drive, regardless of the amount of the substance in your system. The only drug with a per se threshold, similar to alcohol DUI, is marijuana. 

When it comes to marijuana specifically, the law prohibits driving with a THC concentration of 5.00 nanograms per milliliter (determined through blood analysis). However, the law also allows that, even if a person’s THC concentration falls below this threshold, they could be charged with driving under the influence if other “competent evidence” can be used to show the person was impaired. 

This may include: 

• Officer observations
• Field sobriety tests
• Blood test results

What Are the Penalties for DUI With Drugs? 

In Washington, the penalties for a drug DUI are the same as those for a DUI with alcohol. 

This means that if you are convicted of driving under the influence of drugs, you could face: 

• Jail time 
• Probation 
• Fines
• Driver’s license suspension
• Drug evaluation, treatment, education, or counseling 
• Community service 
• Vehicle impoundment 
• Restitution 

These penalties are serious and potentially life-altering. You have the right to fight your charges, challenge the evidence, and work to protect your future from the harsh consequences of a conviction. 

At DUIHeroes, we focus exclusively on DUI defense. Our founding attorney has taken the same DUI training courses that police undergo, and our trial team includes two former prosecutors who understand how these cases are charged and what it takes to defend them. If you’ve been arrested on drug DUI charges, you can’t afford to wait. Contact our firm nowand put a trusted defense team on your side.

How We Challenge DUID Cases in Bellevue

DUID defense requires a different skill set than alcohol DUI defense. The evidence is different, the testing protocols are different, and the prosecution’s theory of impairment depends heavily on officer observations and laboratory analysis rather than a single breathalyzer number. Our team is built around exactly these demands.

Jonathan Dichteris a NHTSA Qualified Instructor for the DWI Detection and Standardized Field Sobriety Testing course, the same certification Bellevue Police officers must hold before making drug DUI arrests. He has also completed NHTSA’s Advanced Roadside Impairment Driver Enforcement (ARIDE) class, which covers the drug-recognition evaluation protocol officers use when building a DUID case. Because he teaches this curriculum, he can spot when a DRE evaluation or field sobriety test was conducted outside the standards officers are trained to follow, and those deviations matter in court.

Drug Recognition Expert evaluations follow a 12-step protocol. Errors at any step, from the initial breath alcohol test through the toxicological examination, can become grounds to challenge the officer’s impairment conclusion. Blood test results in DUID cases are processed by the Washington State Toxicology Lab, and chain-of-custody issues or procedural errors at the lab are additional defense angles we examine in every case.

Our team also includes two former prosecutors who understand how the Bellevue City Attorney’s office builds DUID cases and what evidence they prioritize. Bellevue DUID cases are heard in King County District Court East Division at the Bellevue Courthouse. Knowing how that process works from the prosecution’s side can give us valuable insight when building your defense.

Talk to a Drug DUI Defense Lawyer in Bellevue 

Being arrested for drug DUI is serious, but you can fight back. Our drug DUI attorneys in Bellevue know how to effectively challenge the case against you, whether by disputing the validity of a marijuana blood test, questioning whether the officer had probable cause to pull you over, or proving that the field sobriety test you were given was not performed correctly. On average, we have a 95% success rate when it comes to getting first-time offense charges reduced or dismissed*. 

Reach out to our firm now to speak to a drug DUI defense lawyer in Bellevue at no cost. Call (425) 296-9358 or contact us online.

Drug DUI FAQ

Is It Illegal to Drive High in Washington? 

The state of Washington considers it a crime to drive while “high” or under the influence of any drug. This includes lawful recreational marijuana, illicit substances (such as methamphetamine or cocaine), and even prescription medications, like opioids. Anything that impairs your ability to drive can serve as the basis for a drug DUI charge.

Can I Be Arrested for Driving Under the Influence of Drugs If I’m Taking a Prescription Medication? 

According to Washington State law, “The fact that a person charged with [driving under the influence] is or has been entitled to use a drug under the laws of this state shall not constitute a defense.” In other words, being lawfully prescribed a medication does not  mean you’re protected from a drug DUI charge while operating a vehicle and using the medication, if the medication impairs your ability to drive. 

Will I Lose My Driver’s License If I’m Arrested for a Drug-Related DUI?

In some cases, a drug-related DUI arrest may lead to license suspension. However, it’s possible to contest this by requesting a hearing within 7 days of your arrest.  Note that the decision made at the hearing (if granted) only applies to the driver’s license suspension that occurs as a result of your arrest. If you’re ultimately convicted of DUI, the Washington Department of Licensing may suspend your license for 90 days up to 4 years, depending on prior offenses and the severity of the incident. 

Will I Go to Jail After a Drug DUI Conviction? 

It’s possible to go to jail for a drug-related DUI in Washington. Whether or not you receive a jail sentence depends on many factors, including whether you have prior DUI convictions on your record, whether you were involved in an accident that caused injury or death, and whether you submitted to or refused testing. In Washington, most first-time drug DUIs are charged as gross misdemeanors, which includes a maximum jail sentence of 364 days. 

If you’re arrested on suspicion of driving under the influence of an illicit substance, you could face separate drug charges. These have their own criminal penalties, including potential jail time or prison sentences. 

Do I Need a Lawyer for a Drug DUI Arrest in Bellevue? 

You have the right to an attorney if you’ve been arrested for DUI anywhere in Washington State. We urge you to exercise this right. When you work with our firm, we do everything possible to help you avoid the harsh consequences of a conviction. Our Bellevue drug DUI lawyers are here to answer your questions, guide you through the legal process, and fight to protect your future. Get in touch with us today for a free and confidential consultation.