Are you planning to attend holiday parties as the designated driver? Good for you! Just remember that there is some risk in taking on that role if you also use marijuana.
Many recreational users of marijuana don’t understand that THC levels remain high enough to be cited for DUI days after their last use. The levels of THC will certainly depend on how often you use, how active you are, how long you have regularly used marijuana as well as other physiological factors. However, it is very important that you understand there is always a risk for prosecution. Even smoking the day before you are pulled over can pose a risk of being charged with a crime—we have seen it.
Additionally, don’t think that “just one drink” will keep you free from prosecution. We have represented people arrested by law enforcement for DUI with blows as low as .03 and the State did not drop the DUI charge. This year alone, we have represented more than a dozen clients charged with DUI with blood alcohol at or below .06 under the “affected by” prong of the statute. The State prosecutes these charges just as aggressively as an .08 or above. While the DOL jurisdiction for suspending your license occurs when you blow an .08 or above, the prosecuting attorney will still seek criminal remedies that impact your driving and cost you in terms of fines, restitution, emergency response restitution to the law enforcement agency, and legal fees.
The moral of the story—if you use marijuana, you should consider using Uber for your designated driver. Also, the “one drink” plan is not a risk-free plan. The safest plan in terms of avoiding a criminal charge and getting home safely is to stay off the road if you use any marijuana or plan to indulge in alcoholic beverages.
Have a safe and crime-free holiday season! We want the Christmas tree to be the only twinkling lights you see.
If an issue does arise, do not hesitate to contact our office. While we handle auto accidents all over the State of Washington, we primarily handle criminal matters in Kitsap County and Pierce County as well as all cities in between. We have office in Bremerton, Poulsbo, and Gig Harbor for your convenience and offer free consultations. Over the holidays, we will have the office phone forwarded to our cell phones so do not delay in seeking legal advice if you or a friend need help.