OPINION
CANNABIS DUI The information provided in this article is not legal advice and provided for educational purposes only. We are not your lawyers. If you are in need of a criminal defense attorney contact Martin at (206) 929-0609 or Bonnie at bonnie@c3.legal to schedule a consultation.
answering that” or shake your head. You should consider every question an officer asks as part of an investigation to build evidence to arrest you. You can also ask the officer: “Am I being detained or am I free to go?” You don’t have to give more than that. Every situation is unique, but you should know that you are not required to take the field sobriety tests, though this refusal may be used as evidence in court. The smell of recently smoked bud and red eyes are “indicators” the officer will use in an attempt to establish probable cause to arrest. Also, refusals of the breath test or blood draw at the station/hospital carry enhanced license and criminal penalties.
What are the consequences of Cannabis DUIs? How do they differ from alcohol DUIs?
BRING IT TO
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BONNIE By BONNIE FONG FOR NORTHWEST LEAF
Dear readers, The holidays are a time of celebration which often includes alcohol and Cannabis use. I get so many questions from Cannabis users about what to do if they get pulled over for driving under the influence (DUI). As criminal convictions can have an effect on the rest of your life, it is imperative to know your rights to set you up for the best defense possible. I teamed up with my colleague, Martin Kreshon of Ember Law PLLC to answer your questions related to DUIs...
nwLEAF.COM
If I get pulled over for a DUI, what information am I required to give?
RCW 46.61.020 requires the driver to cooperate with law enforcement, specifically by giving their (a) name, (b) address, and the (c) name/address of the owner of the vehicle. This could be by producing documents or using body gestures. Technically you don’t have to talk. Drivers must also produce, upon request, the (d) registration, (e) insurance card, and (f) driver’s license. The registration must be signed by the registered owner and in the vehicle at all times.
What do I do when I get pulled over for a DUI?
Upon being pulled over, you are not required to answer all of an officer’s questions, like where you were coming from, where you are going, what have you been doing, etc. If you don’t feel comfortable providing answers to a police officer, simply say “I don’t feel comfortable
DEC. 2018
The consequences are very similar to offenses involving alcohol. Mandatory minimum jail time and fines are calculated based on your number of prior offenses within a 7-year period. Each additional conviction leads to increasing penalties. If a person has three or more qualifying “priors” within 10 years, then a DUI charge can be filed as a felony. (A “prior” can often be a conviction received after any given charge that is still pending, so consult with a lawyer regarding your particular situation.)
Are you forced to get a blow and go or something similar?
By law, an Ignition Interlock Device (IID), aka a “blow-and-go,” is required for any Cannabis-based DUI or physical control conviction. This includes cases originally filed as DUI’s but reduced to Reckless Driving. Your license could be suspended before a conviction if you refuse the blood draw.
Will I get my license revoked or suspended?
Yes, with a conviction. Courts and the Department of Licensing (DOL) impose different penalties based on each person’s history. While somewhat dense and difficult to navigate, the courts and DOL do provide resources to help you understand the penalties. Search online for “Washington DUI sentencing grid” and “Driver License Penalties Following Conviction” for penalties that can be imposed by the courts and the DOL, respectively.
Do they have a breathalyzer for Cannabis to test sobriety? Under what circumstances can they take my blood?
There is no Cannabis breathalyzer. If they suspect Cannabis intoxication, the officer will have to apply for and receive, a warrant before they can take your blood. A warrant requires probable cause, which is when there are “facts or circumstances” that would lead a person of reasonable caution to believe that a crime has been committed. You can be convicted if your blood has five or more nanograms of THC per milliliter of blood. If the warrant is granted, DO NOT refuse the blood draw.
When can they take my marijuana?
They can take it pursuant to criminal charges or traffic infraction. Assuming you’re driving, RCW 46.61.745 makes it a traffic infraction to smoke in the vehicle, or for any occupant of a vehicle to have marijuana unless it’s (a) in the trunk, (b) in an area not easily accessible (glove box is accessible per statute), or (c) in a sealed, original container. It’s improper to take your weed unless done so for evidence, but if a cop takes your weed and doesn’t charge you with anything, I wouldn’t complain too much.
SEND YOUR QUESTIONS TO BONNIE@C3.LEGAL
PHOTO by DANIEL BERMAN