Cannabis is legal in Washington state, but driving under its influence remains illegal and dangerous. The Washington State Department of Health emphasizes this through its public health campaign, Cannabis Safely. The campaign warns that driving while high poses significant risks, and law enforcement has clear guidelines to identify impaired drivers.
Understanding Impairment Levels
According to the Washington State Department of Licensing, driving under the influence of intoxicants encompasses operating a vehicle while affected by alcohol, drugs, or a combination of both. State law specifies that drivers with a THC concentration of 5.00 or higher within two hours after driving can be charged with a DUI. The Revised Code of Washington states that drivers at or above this threshold are presumed impaired, eliminating the need for additional evidence of driving difficulties.
For drivers under the age of 21, zero tolerance applies; any trace of marijuana in their blood is grounds for DUI charges, as noted by the South Sound Law Group.
The Effects of Cannabis on Driving
The Washington State Liquor and Cannabis Board warns that cannabis use not only violates the law but also creates a safety hazard. The board advises against driving after using cannabis, citing effects such as drowsiness and slowed reaction times that can endanger both the driver and others on the road.
To assess impairment, law enforcement relies on roadside sobriety tests. Officers can arrest individuals suspected of being under the influence of cannabis, alcohol, or other drugs. Testimony from officers and the results of blood tests are key components in legal proceedings.
The Washington State Patrol employs specially trained drug recognition experts, as explained by Trooper Daniel Mosqueda. These experts conduct a comprehensive 12-step evaluation process when a driver exhibits signs of impairment. This includes eye examinations, vital sign assessments, and psychophysical tests, such as balancing on one leg.
Refusing to submit to a blood or breathalyzer test can lead to the revocation of a driver’s license for up to one year. Additionally, this refusal may be used against the individual in court, as stipulated by state law.
Recognizing Signs of Impairment
Law enforcement officers in Washington cannot initiate a traffic stop solely based on the odor of cannabis. Instead, they assess a “totality of indicators” to determine recent cannabis use, according to Trooper Mosqueda. Drivers showing signs of impairment, such as slow speech or erratic stopping and starting, are at risk of being pulled over.
The penalties for driving under the influence of cannabis mirror those for alcohol-related DUIs. Convicted individuals may face jail time of up to one year for gross misdemeanor DUIs, fines up to $5,000, and a 90-day suspension of their driver’s license. Additional penalties may include the installation of an ignition interlock device and up to five years of probation.
Drivers have the option to contest their license suspension within seven days of the incident. Failing to contest can result in a suspension lasting up to four years, depending on the severity of the incident and any prior violations.
Recommended Waiting Periods
Experts recommend waiting a significant period after cannabis use before driving. The Cannabis Safely website advises waiting at least six hours after smoking less than 35 mg of THC and at least eight hours after consuming less than 18 mg in edibles. If cannabis is consumed in combination with alcohol, a longer waiting period is necessary.
As cannabis use continues to be a topic of public health concern, understanding the legal limitations and personal responsibilities associated with its consumption is crucial for safety on the roads. The laws in Washington state reflect a commitment to maintaining road safety while navigating the complex implications of cannabis legalization.
