Understanding Washington's Marijuana DUI Laws: What You Need to Know
Learn why Washington's 5 nanograms per milliliter marijuana limit can lead to DUI charges, even without impairment. Stay informed and drive safely.
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Can You Drive After Using Weed Marijuana Is Not As Legal As You Think Washington lawyer dui
Added on 09/26/2024
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Speaker 1: Hey, if you're one of the fine folks here in Washington that thinks that marijuana is legal, the purpose of this video is to encourage you to pump the brakes on driving. Stay tuned and I will explain why. Okay, welcome back. So when they legalized marijuana a couple years ago, what they did is they codified some rules and standards and might as well have been pulled out of thin air because that's kind of what the science is behind it. And what I mean by that is this 5 nanograms per milliliter of whole blood. Well, you know, with alcohol, the 0.08, you can kind of point to something, some, you know, statistics or scientific studies that will say, at a 0.08, there's going to be some signs of impairment. Not marijuana. The 5 nanograms per milliliter is purely a tug-of-war contest between special interest groups. You got a group here that wants it to be absolutely nothing. Zero. You know, they want it to be like the state of Utah. You got a group over here that's like, we want, you know, everything. It should be the sky's the limit. No regulation. So, you know, after a tremendous amount of debate and closed-door hearings, here we are, 5 nanograms per milliliter. What does it mean? Nothing. Even the National Traffic Highway Safety Institute will say 5 nanograms per milliliter does not mean impairment, doesn't suggest impairment. It's just, I'm paraphrasing, but it's just a number that they came upon. The problem with that is, if you are a person, and I'm not judging, but if you use marijuana in the evening, let's just say it helps with your insomnia, or you've got back pain, or you've got some arthritis in your knee, you're not even somebody that uses it recreationally, but you're a user just almost medicinally, nobody cares. They don't care if you have the medical card. I mean, if you are a person that uses every day, you're going to be over 5 nanograms per milliliter. So you are always playing Russian roulette. Is that kid's skateboard going to come out in the street? He's going to chase after it, or you take your eye off the road for one second, and the kid chases his ball. I mean, that is horrendous. Not your fault. Little kid runs out in front of you, and then if you're over 5 nanograms per milliliter, vehicular assault, vehicular homicide, just because of the number. It doesn't mean you were driving poorly. So let's just say an officer pulls you over. He smells marijuana. Get out of the car. I smell marijuana. They've got probable cause. The court's always going to find probable cause to let that search and seizure go forward. You know, they kind of make up their mind the way it's going to go right out of the gate. They've smelled it. They're going to run you through the gamut, and then you're like, okay, well, cool. I did all the field sobriety tests. Rock and roll. I'm awesome. And, you know, you either agree to go do blood, because that's, you know, once this snowball starts going down the mountain, you're either going to agree to do blood, or if you don't agree, they're going to dial up the DPA, deputy prosecutor. Deputy prosecutor dials up the judge. The, you know, the sheriff's going to be like, I got all this probable cause, probable cause, probable cause, and then the judge will sign the warrant. You get the blood back. It's over five nanograms per milliliter. So it doesn't matter. What I'm saying is impairment, it's wild, but it doesn't matter. You know, I fill out these forms all the time. It'd be like, honor about such and such a date in such and such county, state of Washington. You were over five nanograms per milliliter, whole blood. And, you know, that's it. There is not, you know, there's no element of, and I was impaired. You know, I hear we're only licensed in Washington, but, you know, if you are somebody that's, it's important to you, that's part of your lifestyle. I want to be able to have cannabis. I use it for X, Y, and Z reason. It's, you know, it's lifestyle or medicinal, you know, you ought to think about what zip code you want, because it's not one in Washington. I hear Oregon, they have a per se standard, like our five nanograms per milliliter, but they also have to show impairment, which makes a lot more sense. Like here, we're being held to the standard of, it's just like, like I said, it's a tug of war between special interest groups. So, if it is important to you, and if you are a daily smoker or user, or you do the, you know, edibles or whatever, and for whatever reason, you are probably going to be over five nanograms per milliliter. Go to a lab, actually have them test you. You can wake up in the morning and be like Nancy Reagan sober. You're still going to be over that limit. No impairment, but you're over the limit, which means cop pulls you over for speeding 42 in a 35, smells it, boom, there you are. So, if you want to face that and have to hire somebody like me, you may want to move out of state. I'm sorry to bust this reality bomb on people, but it is what it is. And we deal with this all the time. And I waste so much time and energy explaining to people. It doesn't matter that you did perfectly on the field sobriety tests. It doesn't matter because impairment is not one of the very few elements that the state has to prove. So, anyway, I hope this was informative and relevant for you. If it was, please hit like and subscribe. If you got a question based on marijuana use or DUI or any criminal offense, you know, go ahead and leave it in the comments. We'll do our best to answer there. If it's a question we get a lot, I'll just do a new video on it, okay, and answer it in an all new video. So, again, please like and subscribe and thank you for watching.

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