About a month ago I was stopped for not driving with my headlights on at night, so I got pulled over, but then the cop asked me when I smoked weed the last time, and I said for about 2hours ago, so they did a test with me to see if I was sober or not, I did not pass it because I was so nervous but the police thought it was because I was high. at this point I was not even feeling the effect from the weed so then they took me to do a blood test. it turned out to be posetive, and I know that the thc stays in your system for a long time. so I got my first summon in a couple of days. I was also very honest with the police, and the police officer said he was going to work with me because I was honest. But what do you think will happen here, is there anyway you think that I will not get a dui?
DUI / DWI Attorney
It depends. Active THC levels of above 5 ng can make the case difficult... That is the legal level in WA. If course, the levels in your system will very tremendously depending on age, frequency of use, fitness, and other genetic factors.
Another factor in your case is the sufficiency of evidence to arrest and evidence to get a warrant for blood.
While this may seem simple, recent caselaw (State v Martins) has suppressed evidence in cases similar to what you are describing... But a critical factor is the actual language of the warrant.
I have had many DUI marijuana clients who don't end up with a DUI, so it is certainly possible, but more factors than are known at this time need to be taken into consideration.
You should consult with a local attorney.
I am not an insurance rep and make no recommendation on any company.
3 lawyers agree
DUI / DWI Attorney
Your chances of not getting convicted or getting the charge reduced go up significantly with a good attorney on your side. You are free to contact any of the attorneys on here to meet with and figure out who you are comfortable representing you.
I suggest you do so sooner than later.
Personal Injury Lawyer
I would consider all of us responding to you to be good attorneys to answer the first part of your question. As for the specifics, you will need to give an attorney time to investigate before giving you a more concrete answer. You can click on any attorney's profile and email or call for a quote. Good luck.
4 lawyers agree
Criminal Defense Attorney
There is some new case law regarding blood draws that could potentially help you. Specifically, whether the search warrant that was signed to get your blood asked for your blood to be seized and/or searched... You likely won't know that until you get discovery. I would just call around to find an attorney in the area who you feel comfortable with. Where your case is filed can also factor in to how likely this is to get reduced. For instance, you're probably better off in Lynnwood Municipal Court than you are in SnoCo South Division.
1 lawyer agrees