Marijuana DUI Defense in Washington State
Tacoma Cannabis DUI Defense Attornys
If you’re facing a DUI charge involving marijuana (THC), the legal stakes are high—and misunderstanding the laws can make things much worse. At The Law Offices of Barbara A. Bowden, we help people in Tacoma, Lakewood, Pierce County, and across Western Washington understand what these laws mean and defend against them aggressively.
Washington’s Marijuana DUI Laws: What You Need to Know
- Washington law (RCW 46.61.502) establishes a “per se” limit: if, within two hours after driving, a blood test shows 5.00 nanograms or more of active THC per milliliter, that alone can lead to a DUI conviction.
- f you are under 21 years old, the law is stricter: any detectable amount of THC above 0.00 ng/mL within two hours of driving is illegal. If your level is under 5.00 ng/mL, you can be charged with ‘minor operating a vehicle after consuming cannabis.‘ If it is 5.00 ng/mL or higher, you can be charged with a standard DUI, regardless of your age.
- Even if THC levels are below the per se limit, you can still be charged if law enforcement believes you are “under the influence or affected by” cannabis or drugs. This is called impairment‑based DUI.
Signs Police Use to Identify Marijuana Impairment
Officers look for multiple indicators after a stop, such as:
- Smell of cannabis or burnt marijuana
- Bloodshot or glassy eyes
- Slurred or slow speech
- Impaired motor coordination (difficulty walking, poor balance)
- Behavior indicating possible cannabis use (delayed reactions)
If probable cause is established, they may seek a warrant for a blood draw. Many cases also involve Drug Recognition Experts (DREs), who conduct additional evaluations to build probable cause.
Marijuana DUI Penalties and Consequences
| Offense | Classification | Jail Time | Fines | License Consequences |
|---|---|---|---|---|
| 1st Marijuana DUI | Gross misdemeanor | Up to 364 days | Up to $5,000 | 90-day suspension; ignition interlock; SR-22 required |
| 2nd DUI (within 7 years) | Gross misdemeanor | Mandatory minimum 30 days + 60 days electronic home monitoring | Up to $5,000 | 2-year suspension; ignition interlock; SR-22 |
| 3rd DUI (within 7 years) | Gross misdemeanor | Mandatory minimum 90 days + 120 days electronic home monitoring | Up to $5,000 | 3-year suspension; ignition interlock; SR-22 |
| Under 21 with any detectable THC | Misdemeanor | Up to 90 days | Up to $1,000 | License suspension, insurance consequences |
| Refusal of test | Gross misdemeanor + enhanced penalties | Higher mandatory minimum jail time | Fines + DOL penalties | 1–2 years revocation; ignition interlock; SR-22 |
1st Marijuana DUI
2nd DUI (within 7 years)
3rd DUI (within 7 years)
Under 21 with Any Detectable THC
Refusal of Test
What You Should Do If Charged
- Don’t admit impairment or make statements without speaking to an attorney.
- Act fast: You have only 7 days from arrest to request a DOL hearing, or your license will be automatically suspended in 30 days.
- Ask for the test protocol: Was the blood test done within the legal time window? Were procedures followed correctly?
- Challenge warrant or collection issues if applicable.
- Look for evidence issues: chain of custody, accuracy, and calibration of equipment.
- Check for possible defenses: post‑driving cannabis use can be an affirmative defense when properly claimed.
Why Hiring a Local Marijuana DUI Lawyer Matters
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Local courts like Tacoma Municipal Court, Pierce County District Court, and Lakewood Municipal Courthandle marijuana DUI cases differently. We understand their procedures and tendencies.
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RCW thresholds and testing procedures are technical and subject to challenge.
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Even small technicalities—late tests, improper procedure, lack of notice—can make a big difference.
Protect Your Future: Take Action Now
If you’ve been arrested or charged with a marijuana DUI in Tacoma, Lakewood, or across Western Washington, contact us now. Early defense matters.
Call us today or request a free case review.
Cannabis DUI FAQs
Understanding marijuana DUI charges in Washington can feel overwhelming, especially with changing laws and complex testing rules. These frequently asked questions address the most common concerns our clients raise and provide quick, clear answers.
Can I be convicted if I wasn’t “high”?
Yes. If your blood has ≥ 5 ng/mL THC within two hours of driving, that’s enough for a per se DUI even without visible impairment.
What about medical cannabis?
Having authorization does not exempt you from DUI laws. If THC levels exceed limits or an officer believes you are impaired, you can still be charged.
Can I refuse blood testing?
You may refuse the initial request, though this triggers immediate license penalties. However, if law enforcement obtains a search warrant, you cannot legally refuse the blood test.
What if the blood draw was after two hours?
The state can still use that result as evidence, but its probative value is often lower.