The quick answer is YES. Both must be taken seriously for a DUI case. RCW 46.61.502 prohibits the operation of a motor vehicle while under the influence of any drug or any combination of drugs and alcohol. A marijuana DUI or a drug DUI needs to be taken just as seriously as an alcohol-related DUI. 


If it’s your first time for DUI, here’s what you need to read. Some FAQs are also here that we have compiled for you. 


First of all, finding an experienced DUI lawyer is what you should do. Soriano Law LLC is composed of experienced, compassionate, and dedicated DUI lawyers to help you with your case. Call us now to schedule your free consultation. Call (360) 249-6174.


How do they know if it’s marijuana DUI?


Since the two charges are very similar, you probably will be stopped for the same reason as alcohol-related DUI. In our Washington State, you will be charged with a Marijuana DUI if your blood has 5 nanograms per milliliter of blood of active THC if you are over 21 within 2 hours of driving as determined by an authorized blood draw and analysis. Meantime, drivers under 21 years old cannot have anything over .00 within 2 hours of driving. This level will be determined through a test of your blood. 


Will it have the same consequences as alcohol DUI?


Additionally, same sanctions will be given to you from The Department of Licensing similar to alcohol-related DUI, if convicted under this statute. A blood test showing a level of THC greater than or equal to .05 nanograms will now require the Department of Licensing to take an administrative action as it would for .08 or higher alcohol cases. 


How is the blood testing for DUI done? Is it legal?


If you are asked to take a blood test, the blood draw will be done at a hospital, medical clinic or on some occasions, a medical ambulance. It should only be performed by a medical professional – not officers, except if you are in an accident and are unconscious. Your blood sample will then be delivered to the Washington State Toxicology Laboratory for analysis and would usually take about 6 months for the results to reach the officer. 


Just a little important note: Under the DUI law of Washington state, you can refuse to take the blood test – it is your right. But do know that there are penalties if you refuse. Such refusal would give you a 12-month license suspension by the Department of Licensing. 


I am charged with marijuana DUI, what should I do?


Soriano Law LLC lawyers are compassionate, experienced lawyers and can concisely inform you on what you need to do next. We take time to listen and apply the applicable steps for you and your case. Call us now and get FREE consultation now (360) 249-6174.