Barbara A. Bowden

Tacoma, WA DUI Attorney

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I’m under the legal limit. Can I still get a marijuana DUI?

There’s a common misconception that if you were under the legal limit, you cannot be convicted of a marijuana DUI.

However, this is false.

Even if you were under the 5ng/ml limit of THC (marijuana) while driving, you can still be charged with and convicted of a marijuana DUI in the state of Washington.


This is because Washington marijuana law allows but does not require the jury to presume that you were impaired at the legal limit or higher. Like alcohol, marijuana affects everyone differently based on factors like weight and metabolism. You could have been considered impaired at a level under the 5ng/ml limit. The “affected by” element of Washington marijuana law allows a prosecutor to convict you for marijuana DUI if it can be proven that you were driving impaired while still under the legal limit. In other words, you can still be convicted if you were in an accident or driving poorly when a minimal amount of marijuana impaired your abilities.

Remember, you will get a DUI if you are under the age of 21 and operating a vehicle while under the influence of marijuana at any amount. The best way to avoid getting a DUI is to not drive after consuming drugs or alcohol of any kind. Designating a driver, calling a friend, or using an Uber driver or taxi to get you home is better than seeing the devastation a DUI can have on your life or someone else’s.

In the off chance that you find yourself in a sticky situation, it’s important to know your marijuana rights and to seek the help of a marijuana DUI defense attorney. At The Law Offices of Barbara A. Bowden, we’ll help you figure out your options and defend your rights. Contact one of our Washington offices for more information.

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