Can I Get a DUI for Driving High?

You can definitely get a DUI for driving high. When it comes to THC consumption, just like with alcohol, you can get a DUI for driving with a blood THC level above the state limit that is allowed in Washington, even if you are not in fact high. That level is 5 nanomgrams.

There is very little correlation between the 5 nanogram limit and the separate question of whether or not the person with that level of THC in their blood is actually under the influence. It is not only possible, but it does happen. Drivers who may have consumed marijuana, and unbeknownst to them are above the limit for THC, will be charged with a DUI.

You can also be charged with a DUI for consuming any drug, whether that is an over the counter medication, a prescribed medication, if the officer believes you were under the influence. Unfortunately, it is a very common scenario for people to be arrested & charged with a DUI for not only having THC in their blood, but otherwise legally prescribed medication in their system. If an officer believes you are under the influence and doesn’t believe you are under the influence of alcohol, they will probably want to get a blood sample from you and determine if there is anything that they can tie their observations to. This is a very complex area of the law, an area of science that we have to stay on top of. We would encourage anyone in that situation to put in a request on our website or give us a call. We would be happy to have a conversation with you and discuss the ways we can help.

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