DUI of Alcohol
Simply drinking and driving alone is NOT a crime. What is key – and what the prosecutor has to prove beyond a reasonable doubt – is that your Blood Alcohol Level (BAC) was at or above the legal limit within 2 hours of driving, or that your ability to drive was affected by the alcohol you consumed.
DUI of Marijuana
In 2012, Washington voted to legalize the recreational use of marijuana, which also led to Washington lawmakers scrambling to pass laws that established legal limits of the amount of THC in the body while driving. Washington decided that a person could not drive a car with a THC level of 5 nanograms or more of active THC per milliliter of whole blood in her system; if over, she was guilty of DUI.
What makes marijuana DUIs unique is that, unlike alcohol-related DUIs, the more marijuana one consumes does not mean the more intoxicated one is. Many factors go into your blood test result, including your tolerance level, the strength of the marijuana, the varying THC concentration levels, and your metabolism, to name several. And because of all of these factors, different people feel effects of the same levels of marijuana in completely different ways.
DUI of Drugs
Whether it’s prescription drugs, over-the-counter medications, or illicit substances, we are prepared to fight your DUI:
Prescription (and other “Legal”) Drugs
Did you know that you can be charged with Driving Under the Influence even if you have a valid prescription authorizing your use of the medication? Even when you are prescribed medicine from a medical provider, you could be subject to this charge if an officer believes you’re affected by the pharmaceuticals you have consumed.
Illicit Substances
Interestingly, the law does not treat under the influence of illicit substances any differently than an alcohol- or marijuana-related DUI, which means you are subject to the same mandatory minimum sentences that you would be if you had consumed the legal limit of alcohol.
Unlike alcohol and marijuana DUI’s, none of these drugs, legal or otherwise, have a legal “per se” limit. The lack of legal limit creates a problem for the prosecutors and opportunities for us to poke holes that they can prove someone is affected by drugs if there is no legal limit.