The passing of Initiative 502 is a significant step in promoting civil liberties, getting the government out of our lives and keeping us out of jail. It will definitely save taxpayers money. However, it will take some time to know how this will play out and it brings new challenges for WA DUI lawyers. More arrests may be made upon suspicion that a driver is impaired by marijuana. No one will be able to drive a vehicle with a THC concentration of 5 nanograms per milliliter of blood. Suspects will be taken to a hospital for a blood draw.
Unfortunately, this 5 ng level is in place despite a large amount of research that does NOT support impairment at 5ng. Those who consistently use marijuana could be above the 5ng limit even though they have not smoked hours prior to driving.
For now, the soundest legal advice the lawyers at Valdez Law PLLC can give you is to not drive after smoking or ingesting marijuana. Most importantly, if you are questioned by law enforcement regarding where you got your marijuana or whether you purchased it, THE BEST ANSWER is: “I plead the Fifth and wish to speak to a lawyer.” As always, remain silent in situations where law enforcement is questioning you!