Washington state’s decriminalization of marijuana didn’t decriminalize driving under the influence. If you’re stopped for a suspected marijuana DUI, it’s important to know your rights -- and your options.

We all know the feeling of dread that comes from seeing flashing lights in our rearview mirror, but if you’ve recently used or consumed cannabis, the fear might be all the more heightened.

Though cannabis is legal to possess and use in Washington State, driving under the influence is still punishable by law, and a marijuana DUI is just as serious as a DUI related to alcohol. 

However, unlike alcohol consumption and intoxication, which can more easily be assessed with a non-invasive breathalyzer test, marijuana intoxication is harder to determine at a roadside traffic stop. As a driver, you need to be aware of what officers might be looking for and know how to protect yourself.

Impairment vs. Intoxication

If you’re stopped for suspected DUI, the officer will first look for signs of impairment. During this time, be sure to speak clearly, make your intentions apparent, and meet the officer’s gaze. The officer will be looking for signs of impairment.

Some officers are specially trained to recognize the signs of cannabis consumption, but drug recognition training is an imperfect science, which means those stopped on suspected marijuana DUI might still be subjected to a blood test.

Prior to a blood test, though, you may be subjected to a roadside sobriety test, as well as a breathalyzer, to rule out alcohol as a factor. If you’re clearly not under the influence of alcohol, the stop will get more complicated.

Alcohol intoxication is, as many drivers know, denoted by a specific amount of alcohol in the bloodstream. However, alcohol leaves the bloodstream much more quickly than marijuana does, and even if a driver does not appear to be actively impaired based on a field sobriety test, the amount of marijuana in their bloodstream could still meet the definition for “intoxication.”

The intoxication threshold in Washington State is five parts per billion, an amount that cannabis activists have called extremely low. Habitual smokers might carry that degree of marijuana in their bloodstream even days after smoking, whereas a first-time smoker might be intoxicated well before that number.

If you’re asked to take a blood test (which needs to be conducted at a police facility, and can’t be done on the side of the road), you don’t have the choice to refuse; Washington, as an Implied Consent state, holds the right to take your blood if you’re behind the wheel -- and refusing can land you in even more trouble.

Even if your blood test does come back positive for an amount of marijuana that meets the intoxication threshold, a trained, experienced DUI lawyer can still help you fight the charges.

Take steps to protect yourself

The simplest way to ensure that you don’t end up with a DUI is not to drive intoxicated -- but with the low threshold for marijuana, that can be restrictive, considering marijuana use is your legal right.

The next best thing to do is to avoid the blood draw altogether. If an officer can’t detect any signs of impairment, intoxication, or use, it’s unlikely that a roadside test or blood draw will be required. Officers look for signs like red, glassy eyes and the smell of marijuana in your vehicle.

Don’t drive with marijuana visible or present in your car, and definitely never leave any signs of use. A new open-container law means the safest place for marijuana is in the trunk or another area not accessible by you or your passengers. Your glove compartment is not a legally safe place.

Don’t admit to any drug use during the stop. While you should comply with the officer, it’s not required that you admit to anything -- especially not before speaking with a lawyer.

Know Your Rights about DUI, Alcohol, and Marijuana Law in Washington State

The expert defense lawyers at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing DUI, theft, and general criminal charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!