Marijuana DUI Defense

When the voters in Washington state approved Initiative 502 and legalized the possession of small amounts of marijuana, they also provided law enforcement with a powerful tool to enforce marijuana laws.  They finally set a defined legal limit for the amount of THC that a driver could have in their bloodstream, at the level of five nanograms.

Prior to initiative 502 police officers had to show that a driver was actually impaired, no matter what their level of THC. This change made it much easier for police, prosecutors, and the courts to convict marijuana users for DUI.  If you are pulled over for DUI and arrested by a police officer, you could now be convicted for DUI even if you were driving perfectly fine, and even if you passed all of the field sobriety tests.

The new level poses particular problems for regular medical marijuana users, and those who need to keep THC in their systems to alleviate their sickness.  Five nanograms is a fairly low limit, and there is disagreement in the scientific community regarding whether this level is an accurate level to show impairment.  Medical marijuana users who regularly self-medicate will remain unaffected at five nanograms, they are essentially conditioned to perform tasks better at low levels of THC, versus casual users.  However, the law draws no distinction between those who are able to tolerate a low level of THC in their system, versus those that are not able to tolerate it.  Additionally there is a great difference between carboxy-THC and active THC.  Only the active THC is alleged to affect a person's ability to perform tasks like driving, on the other hand carboxy-THC is an inactive metabolite to THC, that is created when the THC is used up.  Carboxy-THC levels should not be used by the state or city prosecutor in their case against a driver.

In order to fight a marijuana DUI, your attorney must challenge the probable cause for the detention by law enforcement, the methodology of the tests used by police in formulating probable cause for arrest, as well as the science behind the testing of your blood.  We are seeing many mistakes made by police agencies, due to the uniqueness of marijuana DUI charges as compared to alcohol DUI.  When officers make mistakes, cases can be dismissed and legal problems can be put behind you.

Our criminal defense experience with Marijuana DUI charges is your advantage

The sooner you bring our firm resources to bear against the prosecution, the better.  Often times there are measures that need to be taken even prior to charges being filed.  If these steps are not taken immediately, evidence can be lost along with the opportunity to win your case.  When you need a tough DUI attorney who is prepared to fight for your freedom, we can help. Call us at (253) 867-2675 to schedule a free initial consultation. Our marijuana DUI attorneys are standing by.

 

Newton & Hall | Criminal Lawyers

Criminal defense provided with professional integrity by caring and experienced lawyers. Available 24 hours a day, 7 days a week. Serving the greater Puget Sound region from our Kent, Washington office.

King County Criminal Defense Attorneys

When you are facing serious criminal charges, we can help. Call us at (253) 867-2675 to schedule a free initial consultation.