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Initiative 502- Legalization of Marijuana, what’s happening?

Initiative 502- Legalization of Marijuana, what’s happening?

A lot of people are wondering, just as I am, with the implementation of the legalized recreational marijuana system passed by Washington voters with Initiative 502 what’s going to happen?  As a DUI attorney/ criminal attorney I’m especially interested in having a pulse on what’s going on.  As of January 18, 2013, the Washington State Liquor Control Board is now seeking proposals for marijuana consulting services in: product and industry knowledge, product quality standards and testing, product usage and consumption validation and product regulation.  This is good news.  It’s great to see progress and the State requesting consultants to assist in Initiative 502 implementation.  Times have definitely changed here in Washington.  What remains to be seen is will the change be considered a positive one for all of us.

As a Seattle attorney who represents those accused of Driving Under the Influence DUI/drunk driving cases I’m interested in how the State will prosecute such cases as it relates to marijuana consumption.  The real issue in Marijuana DUI cases is whether or not the driver’s ability to drive was affected by consuming marijuana.  Factors to consider of signs of intoxication would include but not limited to, active components of THC in a driver’s system, time of last consumption in relation to time of driving, and the driving observed.  Just as with alcohol consumption, marijuana consumption and it’s effects on individuals vary considerably.  As a result, I think marijuana DUI cases are tough to defend but even tougher to prosecute.

 

Published by David O

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Know Your DUI Rights!

Know Your DUI Rights!

KNOWLEDGE is POWER!  Know your DUI RIGHTS!

When questioned by law enforcement in Washington State about DUI make sure to exercise your rights.

1.  Exercise your right to an attorney, either a private DUI attorney or a public defender.

2.  Exercise your right to remain silent during the DUI questioning.

3.  Do not consent to detention or search of any type of personal belongings, home, or vehicle.

4.  Refuse to perform the DUI field sobriety tests.

5.  Refuse to take the DUI portable breath test.

6.  Do cooperate at the police station and take the DUI breath test or blood test, unless advised not to do so by your DUI attorney.

 

Published by Washington State defense attorney David O

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DUI Charge Even With a Breath Test Under the Legal Limit

DUI Charge Even With a Breath Test Under the Legal Limit

It’s unfair but true you can be charged with a DUI in Seattle, in fact, everywhere in Washington State while having a DUI breath test result under the legal limit of .08.  RCW 46.61.502 defines a driver as being guilty of DUI if the person drives a vehicle within this state “while under the influence of or affected by intoxicating liquor..”  Affected by intoxicating liquor?!  What does this mean?

It means the prosecutor can still charge you with a DUI.  Every person reacts differently to alcohol and less amounts may “affect” a person’s ability to drive even while having a test result under the DUI limits.  A person charged with a DUI with a breath test under the legal limit will be facing the same penalties of a person with a breath test ranging from .08 to .15 with all other factors being similar.  As a result this type of case should be taken as seriously as a DUI case with a breath test above the legal limit.

Unless something extraordinary happened I don’t believe any driver should be charged with a DUI if that person blew under the legal limit.  Especially when the state puts on TV ads about DUI/drunk driving and posts signs all over the road showing the legal limit of .08.  It’s misleading.

I have represented several people charged with a DUI while blowing under the legal limit.  Fortunately for those clients we were able to resolve all those cases very well.

 

Published by Seattle DUI lawyer David O

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