Marijuana DUI

If Tacoma police think you are too high to drive safely, then you could face a DUI. You can face charges under Washington State law if your blood shows five nanograms or more of active THC or the officer says you seemed impaired, even if you smoked hours ago or felt completely sober. It's serious because cannabis DUI is a criminal offense, not just a ticket. A conviction can lead to jail time, license suspension, thousands in fines, and a permanent mark on your record. It can also affect jobs, insurance, and future background checks.

However, marijuana DUIs are not the same as alcohol DUIs because the testing Washington State law enforcement uses is controversial. In fact, many people in Tacoma successfully challenged their marijuana DUI charge. These are people who hire our knowledgeable Tacoma-based DUI attorneys.

We know how to dig into field sobriety test errors, challenge Drug Recognition Expert testimony, and expose flaws in THC blood testing. Don't let a DUI arrest in Pierce County derail your future. Call us today for a free consultation. We'll answer your questions, explain your legal options, and start building your defense right here in Tacoma.

In Tacoma, a marijuana-related DUI charge isn't about whether you legally smoked; it's about whether the state believes you were impaired while driving. Under Washington State law RCW 46.61.502:

"A person is guilty of driving while under the influence of intoxicating liquor, cannabis, or any drug."

So even if you're a medical marijuana patient or purchased cannabis legally at a Tacoma dispensary like House of Cannabis or The Gallery, that doesn't protect you from DUI charges. Law enforcement in Pierce County doesn't need a high THC level to arrest you, just observable signs of impairment or evidence of recent use.

In Tacoma and throughout Pierce County, officers don't need to catch you in the act of smoking marijuana to charge you with a DUI. RCW 46.61.502 states it's illegal to drive while you're "under the influence of or affected by" marijuana. However, marijuana affects people differently, and there's no quick roadside test like a breathalyzer for cannabis. Here's what they typically use to build a marijuana DUI case:

• Driving Behavior Observed By Law Enforcement: Officers from Tacoma Police or Washington State Patrol may initiate a stop if they see you drifting between lanes, failing to signal, driving too slowly, or otherwise driving in a way they believe shows "impairment." In Pierce County, we often see DUI investigations start after a minor traffic violation near high-patrol areas like Pacific Avenue or I-705.
• Field Sobriety Tests (FSTs): Once they pull you over, officers usually ask you to perform standardized FSTs like the Walk-and-Turn, One-Leg Stand, and Horizontal Gaze Nystagmus. These tests are for alcohol, not cannabis, and they often don't account for the different ways THC can affect coordination or balance. Still, law enforcement and prosecution may argue that poor performance is evidence of impairment.
• Drug Recognition Expert (DRE) Evaluation: If officers believe you're under the influence of something other than alcohol, they may call in a DRE. DREs conduct a 12-step exam that involves checking the pupil size, blood pressure, and muscle tone, and collecting statements about recent drug use. While these evaluations are subjective and often challenged in court, they're commonly used in marijuana DUI prosecutions in Tacoma.
• Blood Test for Active THC: Washington State law sets a legal THC limit of 5.00 nanograms per milliliter of whole blood, as outlined in RCW 46.61.502(1)(b). After an arrest, officers may take you to a hospital such as Tacoma General or St. Joe's for a blood draw. They can request a warrant and still obtain the sample even if you refuse. The results usually take several weeks to return from the state toxicology lab and often form the backbone of the case against you.
• Your Statements and Physical Appearance: Anything you say during the stop, like that you recently used cannabis or that you're a medical marijuana patient, can be used against you. Officers may also note any signs of intoxication, like red eyes, drowsiness, or the odor of marijuana in their reports. Their notes appear in Pierce County charging documents and police narratives.

Just because an officer claims you were impaired doesn't mean the case against you is solid. Marijuana DUI investigations rely on opinion, flawed testing, and incomplete science.

A marijuana DUI conviction in Tacoma isn't just a traffic ticket. It's a criminal offense with mandatory jail time under Washington State law. Even if it's your first DUI and no one got hurt, the court is legally required to impose some form of confinement. Depending on how the judge handles your case, this could mean:

• Minimum 24 Hours in Jail: For a first offense, the court must impose at least 24 consecutive hours in jail. That's the legal floor under RCW 46.61.5055, and Pierce County judges can't go below it.
• Maximum 364 Days in Jail: You must serve a minimum of 24 hours, and the court has the authority to sentence you to 364 days in jail.
• Electronic Home Monitoring (EHM) Instead of Jail: In some cases, the judge may allow 15 days of EHM in place of the 24-hour jail sentence. EHM requires you to wear an ankle monitor and stay home except for work, treatment, or other approved reasons.

If this isn't your first DUI within seven years, your mandatory minimum jail time increases significantly. For example, a second offense within that time frame carries a minimum of 30 days in jail, and a third bumps it up to 90 days plus additional penalties. Courts treat prior marijuana DUIs the same as alcohol-related ones.

In our 30 years of combined experience practicing DUI law, our attorneys get asked a lot of questions. Here are the answers to the most common questions about cannabis DUIs in Tacoma:

Cannabis DUI charges are common near Point Defiance Park, on the Narrows Bridge, or at the Tacoma Dome. Law enforcement keeps a close eye on high-traffic areas like Pacific Avenue, Ruston Way, and the downtown museum district.

We've handled cases involving DUI arrests near Cheney Stadium, the LeMay Car Museum, and even after events at the Washington State Fairgrounds in nearby Puyallup. Whether your stop happened by the Tacoma Mall or during a routine patrol around Sixth Avenue, we know how local officers operate and how the courts in Pierce County handle these charges.

Our DUI defense team brings over 30 years of combined experience in criminal law throughout Washington State. We've defended marijuana DUI cases tied to stops near the University of Washington Tacoma campus, around McKinley Hill, and off I-5 exits by the Tacoma Central Library and the Tacoma Art Museum. These aren't just street names to us. Our DUI attorneys have stood in these courtrooms, reviewed the same police reports, and cross-examined the very officers who make these arrests every week.

A marijuana DUI in Pierce County means the police think you were too high to drive. Even if you didn't feel high, you can still get arrested because they can say you looked high or that your blood had too much THC in it. It's a really serious crime, and you will have to go to court. If the judge finds you guilty, you could lose your license, pay big fines, or even go to jail. Nevertheless, our attorneys can help you. We can fight the criminal charges and get you a lighter sentence. Call us now to talk to an attorney in Tacoma for free.

If Tacoma law enforcement arrests you for a marijuana DUI in the city or anywhere in Pierce County, you're stepping into the criminal justice system, where things move fast. Here's a breakdown of what typically happens next:

1. Arrest: You're pulled over by Tacoma Police, Washington State Patrol, or Pierce County deputies, often near areas like I-5, Pacific Avenue, or after events at the Tacoma Dome, and arrested if the officer believes you're impaired.
2. Blood Test: Law enforcement takes you to a hospital like St. Joseph or Tacoma General, where they measure your THC level with a blood sample.
3. Booking And Release: You may be held at the Pierce County Jail or released with a court summons, depending on your record and the arrest circumstances.
4. Arraignment: Your first court appearance happens at Pierce County District Court, usually within a few days. You'll enter a plea and learn about your conditions of release.
5. Pretrial Phase: Pretrial includes evidence review, negotiations with prosecutors, and possibly motions to suppress the blood test or officer observations.
6. Trial Or Plea Agreement: If your case isn't resolved earlier, you'll either go to trial before a Pierce County judge or jury or negotiate a plea deal with reduced penalties.

When you work with our experienced Tacoma attorneys, you will have trusted legal guidance at every step of your case.

When you call our Tacoma law offices, we'll provide you with a free consultation. Our Pierce County defense attorneys will review your marijuana DUI case, explain your legal options, and start building a defense that protects your license, your freedom, and your future.

Washington state's cannabis laws can be confusing. Both medical and recreational use of marijuana are permitted, but Tacomans are still not allowed to operate a vehicle if they are intoxicated with cannabis. Further, many of the cannabis DUI testing methods are controversial as intoxication varies based on a person's tolerance. Washington state cannabis DUI laws also do not take into account medical marijuana uses.

Our Tacoma defense attorneys understand the nuances of these complex cannabis DUI laws. For over 20 years, we've been defending your neighbors across Western Washington against DUI charges. Count on us to challenge the circumstances of your arrest, undermine the prosecution's evidence, and present a powerful defense. With our Tacoma lawyers specializing in marijuana DUI defense by your side, you can rest assured your case will get a favorable outcome.

Contact our law offices now. We'll schedule a free consultation where our attorneys will review your cannabis DUI case and explain your legal options.

If the Pierce County Courts convict you for driving under the influence of marijuana, the judge could sentence you with several penalties, including:

• up to 364 days in jail;
• a fine of up to $5,000; and
• a 90-day driver's license suspension.

Our Tacoma attorneys specialize in reducing the penalties for cannabis DUI. Here's how:

• Arrest Procedures Analysis: We investigate any violations during your arrest, including failures to adhere to Miranda rights, unreasonable searches and seizures, and other constitutional protections. If the Tacoma police violated your rights, we will contest the legality of the arrest itself, leading to the courts reducing or dismissing your charges.
• Evidence Integrity Review: We examine the collection and handling of evidence against Washington state and federal laws. By challenging any breaches in evidence collection protocols, we will argue for the exclusion of this evidence, which can weaken the prosecution's case and lead to reduced penalties or dismissal.
• Plea Negotiations: We effectively negotiate with prosecutors by highlighting the weaker aspects of their case and your mitigating circumstances. We can secure reduced charges or alternative sentences like rehabilitation programs.
• Court Representation: At court, we'll challenge the prosecution's evidence and procedural adherence. We'll also argue that a strong defense can lead to favoring lighter sentencing or even acquittal if the prosecution's case is flawed.
• License Suspension Advocacy: We argue against license suspension by proving you need your vehicle. In many cases, we can prevent or reduce the duration of license suspension.

The penalties for a cannabis DUI are steep, but with an experienced Tacoma defense attorney at your side, the court may reduce your penalties or dismiss your case altogether.

When Tacoma law enforcement charges you with a cannabis DUI, you will not immediately lose your driver's license. Instead, the courts will issue a notice of your driver's license suspension 30 days from the date of the notice, allowing you to contest the suspension. However, you must do so by requesting a hearing within the first 20 days of the arrest. At the hearing, a judge will rule on whether you can keep your license while you face charges.

To secure a conviction for DUI in Tacoma, Pierce County prosecutors must prove specific legal elements beyond a shadow of a doubt. They must show:

• Physical Control: The prosecution must demonstrate that you were in physical control of the vehicle while impaired. In Washington state, physical control laws do not cover just driving. Simply being in the position to control a vehicle can suffice.
• Impairment: The prosecution must prove cannabis impairment while in physical control of a vehicle.
• Causation: The prosecutor must establish your impaired condition was due to the consumption of cannabis. They will present evidence of your THC levels based on blood test results obtained within a reasonable time after law enforcement stopped you. A result showing THC concentrations of 5 nanograms per milliliter or higher can prove impairment.

A skilled Tacoma defense team will prove the absence or weakness of the prosecution's evidence to prove these legal elements.

Our attorneys know the Pierce County judges and prosecutors and what arguments sway their opinion in your favor. We'll craft a strong defense strategy that secures a favorable outcome for your case. Some defenses we will explore include the following:

• Challenge The Traffic Stop: Our defense attorneys in Tacoma will assert that the initial traffic stop lacked reasonable suspicion of cannabis impairment.
• Dispute Field Sobriety Test Results: As experienced DUI attorneys, we understand that field sobriety tests (FSTs) are not scientifically validated for detecting impairment from cannabis. We challenge both the administration and the interpretation of your impairment based on these tests.
• Contest Blood Test Results: We examine the accuracy, timing, and handling of your THC blood test. Given that THC levels can decline swiftly after consumption, the timing of the test is critical to our defense.
• Argue The Relevance Of THC Levels: Our team argues that the presence of THC in your blood, even above the legal limit, does not conclusively prove impairment. We highlight how THC tolerance varies among individuals and that the statutory limit of 5 nanograms per milliliter does not universally indicate impaired driving ability.
• Present Contrary Evidence: We leverage witness testimony, video evidence, and expert opinions from pharmacologists or toxicologists to challenge the prosecution's narrative. We'll provide an alternative interpretation of the evidence, showing you were not impaired at the time of the incident.

Tacoma has some of the best drives in Washington state. Enjoy the stunning views along Ruston Way Waterfront, the historic charm of the Five Mile Drive through Point Defiance Park, and the sweeping vistas of the Tacoma Narrows Bridge. Beyond the city limits, you can explore majestic drives like the route through Mount Rainier National Park, the Olympic Peninsula, and the Pacific Coast Scenic Byway. Losing your driver's license means losing these drives.

At our law firm, we understand the complexities and controversies surrounding cannabis DUI laws. This is why we believe every charge should be challenged. Contact our Tacoma legal team now for a free consultation, and let us start defending your freedom today.

With having a limited quantity of marijuana now being legal under State law, the DUI law also was slightly altered. The same statute applies with this type of DUI so the consequences you face will also be virtually the same. You will still face a maximum penalty of 364 days in jail and a $5,000 fine in most instances, along with probation, court ordered classes, license suspension, and even the ignition interlock!

The big difference between an alcohol related DUI and a marijuana DUI is the analysis of your blood. While alcohol can be measured by way of a breath test, marijuana is only currently measured by way of a blood draw. Also, most individuals should know the per se legal limit for alcohol is .08. Instead, per se legal limit for marijuana in your system is 5 ng per mL. This level can be especially difficult for a user to determine in advance. While there are general rules of thumb about the speed of alcohol dissipating in an individual’s body as well as most alcohol having label indicating alcohol percentages, marijuana doesn’t have that luxury. The level of THC in your system can also vary depending on the method of consumption.

Whether you are facing an alcohol related DUI or a drug related DUI, feel free to give our office a call. We will be more than happy to discuss your case and answer your questions.