COVID-19 Response: DUIHeroes is fully capable and willing to conduct client meetings and new consultations virtually for safety and public health. In-person meetings are still always available (if you are showing signs of illness, please call). DUIHeroes is committed to weathering this storm with you and for you. Call now for your free consultation.
Marijuana DUI DUI Heroes - Leaders in DUI Defense

Marijuana DUI Attorney in Seattle, WA

Marijuana DUI Laws

In the past, the term "DUI" usually referred to driving under the influence of alcohol. However, Washington DUI laws prohibit drivers from driving under the influence of drugs as well, including marijuana. Additionally, a motorist may be arrested for driving under the combined influence of alcohol and drugs. In the United States, it is unlawful in all 50 states to operate a car with a blood alcohol content (BAC) that equals or exceeds .08%, but law enforcement cannot use BAC testing to determine a driver's level of marijuana impairment.

To eliminate this problem, Washington legislature developed a THC threshold to measure drivers' marijuana impairment. According to the Revised Code of Washington (RCW) § 46.61.502(b), a driver is under the influence of marijuana when he / she has a THC concentration of 5.00 nanograms or more in his / her bloodstream within 2 hours of driving. RCW § 46.61.502(c) states that law enforcement can arrest a driver if he / she is simply "affected' by marijuana as well – even if the driver's bloodstream THC levels do not exceed 5.00.

Marijuana DUI Penalties in Washington

Marijuana DUI is punishable by the same consequences as driving under in the influence of alcohol. Your first DUI conviction in Washington is punishable by a minimum jail time of 2 days. First-time DUI convictions can also result in 1 year of incarceration, a fine between $865.50 and $5,000, driver's license suspension for 90 days, mandatory DUI / drug education, and insurance penalties. Subsequent marijuana DUI convictions are punishable by stiffer consequences.

Your second marijuana DUI conviction may lead to a minimum 30-day jail sentence (up to 1 year in jail), a fine ranging from $1,120.50 to $5,000, 2 years of driver's license suspension, mandatory drug education, and insurance penalties. A third conviction is punishable by the following:

  • No less than 90 days in jail (up to 1 year)
  • A fine, ranging from $1,970.50 to $5,000
  • Driver's license suspension for three years
  • Washington SR22 Insurance
  • Mandatory drug / DUI education program

Is marijuana DUI a felony or misdemeanor in WA?

Prosecutors may charge marijuana DUI as a misdemeanor or felony crime, depending on the circumstances concerning your arrest. For example, if law enforcement believes that you drove under the influence of marijuana and caused the death of another person, you could face a vehicular homicide charge. According to RCW § 46.61.520(2), vehicular homicide is a class A felony, punishable by incarceration in a state prison, exorbitant fines, and other penalties. Other factors include the presence of a minor in the car, injuries to third parties, and prior DUI convictions.

Hire an Attorney Who Solely Practices DUI Defense

If you were arrested for driving under the influence of marijuana, you probably have a lot of questions. Will I go to jail? Do I need an attorney? What happens if I'm convicted? These are legitimate concerns with real answers – let a Seattle DUI lawyer help you answer them. At DUI Heroes, we are completely focused on handling DUI cases. When you work with our skilled attorney team, you can have peace of mind knowing that a skilled legal representative will be on your side through every step of the legal process.

Jonathan has received a 10/10 Superb rating on Avvo every year since 2009, is a member of the National College for DUI Defense, is trained to represent drug and marijuana DUIs, and continually strives to stay on the cutting edge of DUI technology and developments. He is also a qualified and trained instructor in DUI investigation and field sobriety testing.

To see what a Seattle marijuana DUI attorney can do for your case, contact our office today.

Read What Our Clients have to say

  • “Listened to my concerns, made useful suggestions, and seemed concerned with getting me the best possible outcomes.”

    - Eli
  • “I was astonished at the outcome Rachel was able to achieve, I strongly recommend working with Rachel and DUI Heroes!”

    - Steph
  • “Wow, where do I start? DUIs and or any legal trouble for that matter can be a stressful and frightening situation for anyone. The folks at DUI Heroes took all that off my back, they gave me clear ...”

    - Anonymous
  • “Rachel made me feel at ease during the entire process of my DUI case. She answered all of my questions in a timely manner and helped me receive the best possible outcome. She is, without a doubt, a ...”

    - Temple
  • “Rachel Reich is a 5 star Lawyer! I recommend DUI heroes, they are a great team, always there to answer any question. Thank you!”

    - Carl
/
What makes DUI Heroes different? We have a unique, team-based approach to each of our 
clients' cases.

awards & Accolades

  • National Trial Lawyers Top 100
  • Expertise - Bellevue 2020
  • Avvo 10.0 Rating
  • Expertise - Seattle 2020
  • BBB
  • NCDD
  • DUIDLA
  • SuperLawyers
  • NCDD Faculty
  • NCDD Delegate
  • AVVO
  • FSA
  • Washington Association of Criminal Defense Lawyers

Contact Us Today

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.