I got arrested in Washington state for a marijuana DUI and was wondering if it is necessary to get an attorney. After taking the sobriety tests I admitted to smoking hours earlier and I had my blood drawn after getting arrested. This is my first offense, and the cops wife was in the car at the time of arrest for a ride along. Also, I'm not sure if it's relevant, but I am from Colorado and my license is CO state issued, and I am 20 years oldAlso, I was pulled over for not having my headlights on because I was driving a car that wasn't mine (but was using with permission from the owner) around 1:30 am
You should definitely hire a lawyer to represent you. DUI's can be successfully fought and won, or at the very least, lowered to a lesser charge. You may have a lot of things that the officer did wrong in conducting a test of you and the procedures he used against you may be flawed. Also, you have 20 days to contest a license suspension or revocation with the DOL. You need a lawyer to represent you for this and all criminal hearings. Consultations are free so call around and present your facts to a DUI lawyer, like myself.
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It is always in your best interest to hire an attorney. They deal with these kinds of things everyday and can help you reach the best outcome in your case.
You definitely want to at least consult with an attorney, if not hire one. I am not sure if WA is a zero tolerance state or not, but if it is, any trace of MJ in your system will lead to a DUID (Driving Under the Influence of Drugs) charge. You need counsel for this; don't go it alone. Good luck to you.
Yes, you should get an attorney. DUIs carry serious penalties, including mandatory jail and fines. An attorney will be able to explain your situation and the potential consequences, and can guide you through the court procedures. Most importantly, a good DUI attorney will be able to fight the charge, and potentially you can avoid punishment. You definitely should find an attorney, you should not go this alone.
Also, with a marijuana DUI including a blood draw, there are many potential challenges to your arrest, or to the admission of certain pieces of evidence. An attorney who reviews the facts of your case will be able to determine if there are possible challenges to your charge.
It will not matter that you are from Colorado if the allegation is that you were driving while under the influence of marijuana in Washington. Washington state DUI laws will apply to you and your situation.
The short answer is yes, you should hire an experienced DUI attorney. A first time DUI is a gross misdemeanor with mandatory minimum penalties of 1-2 days in jail, large fines, costs and fees, mandatory license suspension, mandatory ignition interlock requirements and more. An experienced attorney will not only fight the charge but guide you through the whole complicated process.
Moreover, you have two fights coming. First, the Dept of Licensing will want to suspend your license for 90 days if/when they receive a report from the arresting officer, This a civil suit. The fact that you have a CO license does not matter and if WA suspends your license CO will as well. You have 20 days from the date of your arrest to request a DOL hearing to challenge this suspension.
Second, you will likely have criminal charges filed against you by the city or district prosecutor's office once they receive the results of the blood test. Even if your blood comes back with less than the 5ng THC per se limit, the prosecutor's office can still charge you under the "affected by" prong of the statute, especially if you "failed" the field tests.
You will want to hire an attorney now to start working on your case and preserving evidence immediately. Good luck.
DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area.
Absolutely. The new marihuana DUI laws are new and every bit as serious and complex as alcohol DUIs. So you need an experienced DUI attorney to help you challenge it.
Please note that this is not legal advice and does not create an attorney-client relationship. This post represents only the poster's opinion. You should speak to an attorney for further information. The poster is licensed only in the State of Washington. I hope this post was helpful to you. Thank you.
Drug DUI's are heavily prosecuted here in Whatcom County. You need an experienced and effective attorney to reduce or dismiss the charges. Officers need a legal basis to pull you over. They also must obtain evidence you were under the influence of drugs/alcohol before they obtain search warrants for your blood. Furthermore, the search warrant must state in great detail the purpose for the search. Fortunately, Washington's recent cases regarding search warrants for blood favor defendants with similar circumstances as you. If the police fail to conduct investigations consistent with the caselaw, your case can be dismissed with a pretrial motion.
For more information on Drug DUI's, please read my Legal Guides titled, "DRUG DUI: THE BASIC ISSUES." If you're interested in the caselaw, please scroll down to my blogs titled, "State v. Martines: More Good Caselaw on Blood Tests Taken After DUI Arrests" and "State v. McNeely: U.S. Supreme Court Says Blood Draws Require a Warrant."
I'm a Whatcom County attorney who regularly practices DUI defense here in Bellingham. Please contact me if you have questions.
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