Under Washington law, you can be found guilty of a drug DUI if your impairment is caused by using any individual drug, or through the combined influence of alcohol and drugs. Drugs include legal prescription drugs and Marijuana, as well as illegal drugs.
Drug DUI Penalties
The criminal penalties for a drug DUI in WA State are the same as those for an alcohol DUI. Since a drug DUI is a gross misdemeanor, the maximum penalty is 364 days in jail and a $5000 fine. There are also mandatory minimum jail sentences, depending on your criminal history and if you refused a blood test. Other consequences can include:
- Probation
- Drug treatment
- License suspension
- High risk insurance
- Ignition interlock license
Drug DUI Arrest
If you are pulled over and suspected to be under the influence of drugs, law enforcement will treat the situation differently than if you were suspected of being under the influence of alcohol. For example, you may be asked to submit to tests administered by a police officer who is certified as a Drug Recognition Expert.
You may also be asked to take a blood test rather than a breath test. Before submitting to any tests, you should ask to speak with an attorney who can advise you of your rights and of the consequences of taking or refusing these tests.
Just because you had a drug in your system or a Drug Recognition Expert thought you were impaired, it does not mean you will be convicted. Drug Recognition Experts receive little drug training (they take a two-week course) so their findings can be challenged by a good drug DUI lawyer.
Measuring Impairment with Prescription & Illegal Drugs
With the exception of a Marijuana DUI, the Washington State legislature has not yet determined how much of a drug (illegal or prescription) needs to be in a person’s system to cause impairment. This means that the prosecutor will have to show that your driving was “affected by” the drug. This may be difficult for the prosecutor to prove, especially if you were stopped for something other than poor driving or if you did not exhibit signs of impairment.
The effects of a drug vary with dose, route of administration, and tolerance of the user. This makes it difficult to establish a relationship between the blood concentration level of a drug and impairment. Drugs can remain in the system for hours, days, and even weeks.
It can be argued that high concentration levels may not indicate recent drug use or impairment. A good drug DUI attorney can thoroughly investigate these issues and use them to your advantage when negotiating or fighting your case.
Can I Lose my Driver’s License?
If you are arrested for a drug DUI, your license can be suspended from either the arrest notification being sent to the WA State Department of Licensing or from a conviction in court. To prevent your license from automatically suspending, you or your attorney must request a driver’s license hearing (within 7 days of arrest) and win the hearing.
Is having a valid prescription a defense to a drug DUI?
Unfortunately, having a prescription to use a mood-altering medication is not a valid defense. Commonly prescribed drugs that can meet the definition of “mood-altering” include pain killers, sleep aids, and panic attack medications.
How to Prevent a Drug DUI Conviction
The fact that there is no set level of impairment for drugs (excluding marijuana) creates an advantage in your defense. We see many cases involving drugs where the testing methods are not backed by science and the results are therefore unreliable and removed from evidence.
At Beckwith DUI Law, we will do everything in our power to pick apart the evidence that is being used against you and find evidence that can help prevent a conviction. We fight for clients in King County, Pierce County, Snohomish County, Thurston County, & Kitsap County, and have office locations in Seattle & Tacoma.
Call us today for a free consultation.