Cannabis and Drug DUIs
Cannabis and Drug DUIs in Vancouver, WA
Driving under the influence in Washington isn’t limited to alcohol. Cannabis, prescription medications, and illegal drugs can all lead to a DUI arrest — even if you have a valid medical prescription or legally purchased marijuana. The penalties are just as serious as an alcohol-related DUI and can have lasting effects on your freedom, career, and driving privileges.
If you’ve been charged with a drug-related DUI in Vancouver, WA, the Law Office of Adin Johnson is here to help. We provide strategic, compassionate, and aggressive legal representation to protect your rights and fight for the best outcome possible.
Types of DUI Charges We Handle
What Is a Drug or Cannabis DUI?
Under Washington law (RCW 46.61.502), it is illegal to operate a vehicle while under the influence of:
Cannabis (marijuana/THC)
Prescription medications (e.g., Ambien, oxycodone, Xanax)
Over-the-counter medications that impair driving
Illicit drugs (e.g., methamphetamine, heroin, cocaine)
For cannabis, Washington has set a per se THC limit of 5 nanograms per milliliter of blood. However, even if you’re under that threshold, you can still be charged if law enforcement believes your driving was impaired.
How Are Drug DUIs Investigated?
Unlike alcohol DUIs, there’s no breath test for most drugs. Law enforcement typically uses:
Field sobriety tests (FSTs)
Blood tests to detect active drug levels
Drug Recognition Experts (DREs) who evaluate physical symptoms of impairment
These methods are highly subjective and often open to challenge — especially in cases involving marijuana, where THC can remain in your system long after impairment has worn off.
Penalties for Cannabis and Drug DUIs in Washington
A first-time drug DUI conviction carries the same penalties as an alcohol-related DUI, including:
Up to 364 days in jail
Fines between $990.50 and $5,000
90-day driver’s license suspension
Mandatory drug and alcohol treatment
Ignition Interlock Device (IID) requirement in some cases
5 years of probation
Subsequent offenses result in significantly harsher penalties, longer suspensions, and mandatory jail time.
How the Law Office of Adin Johnson Can Help
We understand that drug DUI cases are different from alcohol DUIs. They often involve complex testing procedures, medical explanations, and subjective judgment calls by law enforcement. That’s why our DUI defense attorney take a meticulous and aggressive approach to defending our clients.
Our DUI Defense Services Include:
✅ Challenging Blood Test Validity
We investigate whether the blood draw was legally conducted, the sample was properly handled, and the lab used accurate testing procedures.
✅ Cross-Examining Drug Recognition Experts (DREs)
We challenge the credibility of officers who claim to be trained in identifying drug impairment — especially when their conclusions are based on non-scientific observations.
✅ Identifying Legal Use of Prescription Medication
Having a valid prescription does not exempt you from a DUI charge, but we can show that your use was lawful and did not impair your ability to drive.
✅ Reviewing Video and Arrest Procedures
We scrutinize dashcam footage, officer conduct, and field sobriety test instructions to identify any procedural violations or signs of bias.
✅ Protecting Your Driver’s License
We represent clients at Washington Department of Licensing (DOL) hearings to contest administrative license suspensions.
Cannabis and Drug DUIs Attorney FAQs
Can I get a DUI for marijuana even if it’s legal in Washington?
Yes. While recreational and medical marijuana are legal in Washington, it is still illegal to drive while impaired by THC. Law enforcement can charge you with DUI if they believe your ability to drive was affected, even if your usage was legal and your THC levels are below the legal limit.
What is the legal THC limit for drivers in Washington?
Washington has a per se limit of 5 nanograms of THC per milliliter of blood. If your THC level exceeds this amount, you can be charged with DUI — but you can still be arrested and prosecuted for DUI even if you’re below that level if an officer believes you were impaired.
How do police test for marijuana or drug impairment during a DUI stop?
Officers typically perform field sobriety tests (FSTs) and may call in a Drug Recognition Expert (DRE) to assess signs of impairment. In most cases, they’ll also request a blood test to measure drug levels in your system. These tests can be subjective and are often challenged in court.
Do I need a lawyer for a marijuana or drug DUI charge?
Yes. These cases can be complex, involving both scientific evidence and legal interpretation. A skilled DUI attorney can challenge unreliable test results, question the officer’s procedures, and fight for reduced charges or dismissal. At the Law Office of Adin Johnson, we have the experience and knowledge to help you navigate the system and protect your rights.
Can THC or other drugs stay in my system even if I’m no longer impaired?
Absolutely. THC can remain detectable in the bloodstream for hours or days after use, long after any impairing effects have worn off. This is a common issue in cannabis DUI cases and a defense our office frequently raises.