Marijuana and Drug Related DUI
Washington State law prohibits driving under the influence of not only alcohol but also drugs. While alcohol-related charges are the most common, many individuals are charged for being under the influence of marijuana, cocaine, and/or methamphetamine. Drivers have even been convicted for the ingestion of prescription medications and over-the-counter medicines, such as cough syrup, especially when used in combination with other substances. It is not a lawful defense to a DUI that one was only taking legal prescription or over-the-counter drugs.
There are major differences in how drug-related DUI charges are investigated:
- Drug Recognition Experts (DRE): An officer with specialized training may be called to the scene. While not necessarily "experts," their opinions add weight to the police report.
- Blood vs. Breath Tests: If impairment is suspected to be drug-based, the officer may bypass a breath test at the station and take the individual to a hospital for a blood draw. Refusing a blood draw carries the same severe consequences as refusing a breath test.
- Proof of Impairment: Unlike standard alcohol charges, most drug-related DUI charges (excluding specific THC limits) require the prosecution to prove actual impairment.
- DOL Involvement: For most non-marijuana drug DUIs, the Department of Licensing only intervenes administratively if a person refuses a lawfully requested blood test.
Marijuana, Drugs & the Passage of I-502
Prior to December 6, 2012, marijuana DUI cases required the prosecutor to prove "actual impairment" because there was no "per se" limit for THC. With the passage of I-502, Washington law now establishes a specific limit: it is unlawful to operate a motor vehicle with 5 nanograms or more of THC in the bloodstream. Those convicted under this statute face the same penalties as those convicted of an alcohol-related DUI.
Another significant change involves the Washington Department of Licensing (DOL). A blood test showing a THC level of 5 nanograms or higher will now trigger an administrative action against the driver's license—similar to a .08 BAC reading in an alcohol case. If the DOL action is upheld, it results in a license suspension of at least 90 days.
In contrast, for other types of drug DUIs (excluding marijuana and alcohol), a positive blood draw does not automatically trigger an administrative suspension; the DOL only becomes involved in those specific cases if the driver refuses the blood test.
