Marijuana DUI Defense Attorneys Based In Spokane County
Although Initiative 502 (I-502) decriminalized recreational marijuana use in Washington in 2012, driving under the influence of marijuana will remain as illegal as driving under the influence of alcohol.
Implied Consent And Testing After A DUI Stop
Recent amendments to Washington’s implied consent statute have removed “implied consent” for blood testing, and now there is only implied consent for breath tests. In Idaho, the statute regarding implied consent has remained unchanged; however, a recent Supreme Court decision, Missouri v. McNeely, has effectively overruled the state’s implied consent law as it applies to blood testing.
How Is Impairment By Marijuana Tested?
You can be found guilty if you test higher than a certain level or if the state can prove your ability to operate a motor vehicle was impaired by your consumption of marijuana. Law enforcement and prosecutors can prove impairment by blood alcohol tests or other means. You can also be convicted in Washington of DUI marijuana, or DUI drugs for that matter, without a chemical test.
In Washington, impairment can be verified by a blood alcohol test indicating a presence of 5 nanograms of active THC per milliliter of whole blood. Testing over the “per se” limit of 5 nanograms is grounds for arrest on suspicion of impaired driving. You do not have to display any abnormal behaviors to be charged with driving under the influence of tetrahydrocannabinol (THC), the principal psychoactive element of marijuana.
There is no per se limit in Idaho. Law enforcement agents and prosecutors have to prove impairment in order to charge a driver as being impaired.
Serving Eastern Washington And Idaho — Seek Legal Counsel Promptly
What do these laws and regulations mean to you if you were arrested on suspicion of DUI? Whether you were arrested in Washington or Idaho, a critical analysis of all known facts of your case is the necessary starting point for building a defense after a marijuana DUI arrest. The Bartoletta Law Firm in Spokane has a strong reputation as an effective defender of people facing DUI charges. Our lawyers can offer up-to-date, zealous counsel and representation for you if you have been charged with marijuana-impaired driving.
Your Marijuana DUI Case Is Unique — Discuss Criminal Charges And Penalties With An Attorney At The Bartoletta Law Firm
Schedule a free initial consultation with one of our Spokane marijuana DUI defense lawyers. Learn what we can do for you after a marijuana DUI charge, beginning with a detailed review of your unique circumstances and concerns. Call 509-828-4232 or send an email through this website.