If you’re facing a DUI charge for cannabis or marijuana intoxication in Washington, you’re not alone – and you have legal options. Having the right legal guidance can make a meaningful difference in how your marijuana DUI unfolds. You may be able to lessen or avoid severe consequences such as fines, a suspended license, increased insurance rates, or even jail time.
At Garguile Law, we know the stress and uncertainty you face as you try to navigate the legal system. Marijuana DUI charges can carry long-term consequences that affect your freedom, your finances, and your future. We’ve helped individuals across the state navigate these types of charges with clarity and confidence. Our team has a deep familiarity with state laws and a track record of strong outcomes for clients in similar situations to you.
What Constitutes a Cannabis DUI in Washington?
In Washington state, driving under the influence (DUI) laws cover impairment from alcohol, cannabis, or any other drug or substance – even if it’s legal or prescribed.
That means whether you’re consuming marijuana recreationally or you have a medical marijuana card, you can be charged with a DUI if you drive under the influence of THC – the psychoactive compound in marijuana that gives the feeling of being “high.”
Just like the side effects associated with some over-the-counter and prescription medications, consuming cannabis can slow your response time, increase your anxiety or paranoia, and cause distortions with your vision or judgment. These effects can leave you too impaired to drive safely. Depending on how you consume cannabis, the effects can kick in immediately or gradually, and last a short while or for several hours.
While DUI laws around alcohol are well established, DUI laws for THC are more murky. This is because the THC in cannabis products affects individuals differently depending on the user and how they consume it – whether by vaping, smoking, or ingesting edibles. The effects of THC on the body are more unpredictable and harder to measure accurately compared to alcohol.
Washington uses a blood test to evaluate THC levels, but this test detects both active THC and Carboxy-THC, a non-impairing metabolite. Carboxy-THC can remain in your system for days, weeks, or even longer, especially for frequent users – long after any intoxicating effects have worn off. Washington’s DUI laws only apply to active THC, and a driver can be charged if their active THC concentration is 5.00 nanograms per milliliter of blood or more within 2 hours of driving. Because of this, marijuana-related DUI charges can be complex and often hinge on timing, individual metabolism, and the type of THC detected in the blood.
Legal THC Limits and Impairment Standards
If you have an active THC blood concentration of 5 nanograms per milliliter or more within 2 hours of driving, then you are considered “under the influence” under Washington law.
Minors under the age of 21 are subject to a strict zero-tolerance policy when it comes to THC and driving. If a blood test detects any amount of active THC above 0.00 nanograms per milliliter, the driver can be charged with an underage DUI, commonly referred to as a Baby DUI. If the minor’s THC level is 5.00 nanograms or higher, they can face a standard adult DUI charge, with more serious legal consequences.
It’s important to remember that THC affects everyone differently. Factors such as your frequency of use, method of consumption (for example, smoking, vaping, or edibles), body composition, and metabolism can all influence how THC is processed in your body. As a result, regular or chronic cannabis users may test above Washington’s legal limit of 5.00 nanograms per milliliter of active THC, even though they may not feel impaired due to increased tolerance. Unlike alcohol, where impairment generally correlates with blood concentration, THC’s effects are far more individualized — making cannabis-related DUI cases uniquely complex.
Given these critical nuances, if you’re facing a marijuana-related DUI charge in Washington, it’s essential to consult an attorney who understands the scientific and legal intricacies of THC impairment. An experienced DUI lawyer can assess how the law applies to your unique situation, challenge questionable test results or assumptions about impairment, and help you navigate both the Department of Licensing process and the criminal court system effectively.
Penalties and Consequences of a Cannabis DUI
Being charged with a cannabis DUI in Washington can lead to legal, financial, and personal consequences – some immediate, and others that may follow you for years. Even a first-time offense can have lasting effects on your record, your ability to drive, and your livelihood.
The severity of the penalties you face will depend on whether this is your first DUI offense and whether there are any aggravating factors in your arrest – such as an accident or injuries. In addition to criminal penalties such as jail time, fines, ignition interlock device (IID) requirements, or mandatory drug programs, you may also face administrative penalties such as license suspension or additional reinstatement requirements.
Click here to see the detailed Washington state DUI penalty grid.
Beyond the legal penalties of a cannabis DUI, you may also face higher insurance premiums, employment challenges, issues with professional licenses, or even immigration issues.
This is why it’s important to take swift, informed action after a cannabis-related DUI. A strong defense, with the help of an experienced lawyer, can help you fight for a better outcome.
Building a Strong Defense Against Cannabis DUI Charges
A solid defense begins with understanding how the law applies in your situation and where the prosecution’s case may fall short. The goal isn’t just to respond to the charges against you, but to actively protect your rights and pursue the best possible outcome.
Your defense will be built on the details of your case – how you were stopped, how evidence was collected, and whether the proper legal procedures were followed. By examining these areas, your attorney may find ways to reduce or even dismiss the charges against you.
Challenging THC Testing Methods and Results
While alcohol testing is more established and standardized, THC blood testing is newer, more complex, and far more vulnerable to error. Each stage of the testing process – from collection and storage to lab analysis and result reporting – must follow strict protocols. A misstep at any point can compromise the validity of the results and create an opening for your defense.
In Washington, an active THC level of 5.00 nanograms or more is enough for a DUI charge under the “per se” standard, even if you have no visible signs of impairment. This makes it critical to challenge the accuracy and reliability of the test results themselves. Issues like testing delays, improper sample storage, or failing to follow the required procedures can all lead to inaccurate or inadmissible test results, which can help your case.
At Garguile Law, we scrutinize the chain of custody, assess the qualifications of the lab, and evaluate whether the testing methods meet scientific and legal standards in order to be admitted as evidence. In many cases, exposing flaws in this process can significantly weaken the prosecution’s case and shift the outcome of your case in your favor.
Questioning the Validity of the Traffic Stop
Another powerful line of defense involves examining the legality of the initial traffic stop. Law enforcement must have reasonable suspicion to pull you over. Without it, any evidence gathered afterwards – including THC test results – may be inadmissible in court.
Common issues that could invalidate a stop include:
- Lack of Reasonable Suspicion – If you were not driving erratically or breaking any laws, the officer may not have had a lawful reason to initiate the stop.
- Unlawful Detainment – Even after a legal stop, the officer must have a clear basis to extend the interaction into a DUI investigation. Prolonged questioning or testing without cause can violate your constitutional rights.
- Improper Field Sobriety Testing – Officers often rely on field sobriety tests, which may not be reliable indicators of cannabis impairment and are often misapplied or improperly conducted. Remember: in Washington, you can decline taking a field sobriety test.
If your rights were violated at any stage of the stop or investigation, your attorney may be able to suppress key evidence, significantly weakening the case against you.
How a Skilled Attorney Can Help Navigate Your Case
Cannabis DUI cases are uniquely complex. Like alcohol DUIs, Washington law sets a “per se” limit – 5.00 nanograms of active THC per milliliter of blood – but unlike alcohol, THC affects individuals in highly variable ways, and its presence in the bloodstream doesn’t always mean actual impairment. The science continues to evolve and the law is still catching up.
A seasoned attorney understands these nuances and can challenge assumptions about impairment, the reliability of THC testing methods, and how evidence was gathered. From questioning the timing and accuracy of a blood test to exposing procedural flaws in how your traffic stop was conducted, a thoughtful legal approach can significantly help your defense.
What sets cannabis DUI cases apart is the gray area between use and impairment – and that’s where an experienced lawyer’s insight becomes critical. At Garguile Law, we analyze every detail: from flawed toxicology reports to unlawful police procedures. We work to suppress unreliable evidence, reduce penalties, or fight for dismissal when appropriate – all while building a defense tailored to your unique circumstances.
A cannabis DUI charge doesn’t define who you are, but how you respond to the charges can shape what happens next. The state court system can feel overwhelming, but you don’t have to face the legal process alone or in the dark. With the right legal team in your corner, you can confront the charges with a clear plan and a strong defense.
At Garguile Law, we understand what’s at stake. We’re here to help you protect what matters most: your rights, your record, and your future. If you’re facing a marijuana DUI in Washington, now is the time to take action – and we’re ready to stand with you.
Contact us now to get started as soon as possible on your defense.
