
Washington Marijuana Plant photo by Bob Doran
Details of Washington’s Measure no. 502 Part V
According to Paul Armentano of norml.org, a per se limit regarding marijuana means that any detectable amount of THC (the psychoactive component) and other cannabinoids while driving would constitute a violation, despite whether or not there is any impairment of the individual’s driving ability. Additionally, studies have shown that concentrations of THC and other cannabinoids can remain in the blood for long periods of time that extend far beyond the state of impairment, making it possible for an individual who has THC in their blood from past use to be arrested even when they are not technically under the influence.
According to wa.gov, individuals may be arrested if an officer has grounds to believe that the person was in operation of the vehicle while under the influence. A person has to consent to either a test by breath or by blood. Refusal of such a test will result in the immediate revocation of their driver’s license for one year and the refusal can be used against the accused in the criminal proceedings. If a person consents to the test, their license will be revoked for at least ninety days if the driver is above the age of 21 and their THC blood content is 5.00 nanograms or more.
How a Marijuana DUI can lead to a Criminal Record
While Washington’s new state law allows for the recreational use of marijuana, driving under the influence may still result in a criminal record. Individuals with 4 or more previous convictions within 10 years, and those previously convicted of vehicular manslaughter while under the influence may be convicted of a class C felony. Unlike an offense on your DMV record that falls off after a certain number of years, an offense on your criminal record will permanently remain on your record until you proactively have the offense removed. To remove your marijuana DUI from your Washington state criminal record, you need to have the DUI vacated – meaning expunged – from your criminal record. To see if you are eligible, take this free online eligibility test.