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Driving Under The Influence of Drugs
What you need to know
How Is a DUI Drug Case Prosecuted?
- It is a crime in the state of Washington to drive under the influence of any drug, whether the drug is prescribed, illegal, or over-the-counter, as long as the person’s driving was affected to “any appreciable degree” by a drug, a combination of drugs, or a combination of drugs and alcohol.
- Usually, there must be proof of impaired driving or perhaps an accident, involving a driver suspected of having consumed drugs before driving.
- The law enforcement officer must obtain a search warrant, authorized by a judge in order to obtain a blood sample from the driver. A law enforcement Drug Recognition Evaluator (DRE) may be called upon to administer various sobriety tests to gather evidence of drug intoxication.
At a DUI-drug trial, the officer may testify about his or her observations of:
- Impaired driving (or accident investigation)
- Signs of drug intoxication observed in the driver
- Signs of drug intoxication after a DRE evaluation
- The driver’s admission of having consumed any drug(s)
- The results of any blood analysis
How are Drug DUI Cases Defended?
- A knowledgeable DUI-drug trial lawyer may move to have evidence excluded (meaning it cannot be used at trial by the prosecutor).
- The judge may exclude evidence for a number of reasons, such as if the rules of evidence require exclusion, or if there was a violation of a constitutional or statutory right in obtaining the evidence.
- If the evidence is allowed by the judge, a talented DUI-Drug trial lawyer will know how to minimize the impact of the evidence and how to show the evidence lacks reliability or accuracy or is of questionable evidentiary value.
What are the Penalties if convicted of a Drug DUI?
The penalties for a DUI-drug conviction are the same as those for an alcohol DUI, except that there is no enhanced penalty based on a high quantity of the substance in the driver’s blood as there is for an alcohol DUI.
The penalties may include:
- Mandatory minimum and maximum jail term
- A fine plus costs and assessments, including probation fees
- An ignition interlock restriction (even though the device detects only alcohol, not drugs)
- A license suspension or revocation
- A chemical dependency assessment
- Treatment if diagnosed with chemical dependency
The severity of the penalty depends upon the number of prior offenses (DUI, Physical Control, or lesser charge originally charged as a DUI or Physical Control) committed within 7 years. A person may also be convicted of a drug-DUI with an allegation that he or she refused blood testing. In this event, the mandatory minimum penalties are harsher than if the person submitted to the blood test.
What Experience Does Callahan Law Offer?
- We are Leaders in DUI Defense
- We Have Advanced Training in Breath and Blood Testing
- We Author The DUI Practice Manual for WA State
Why Should You Choose Callahan Law?
- We are Compassionate and Do Not Judge You
- We are Here to Help You Through This
- We Create a Custom Defense for Each Client
Why its important to secure legal representation
- Our Washington Drug-DUI lawyers know these cases inside and out. We have extensive training on blood testing methods and shortcomings.
- Attorney Linda M. Callahan teaches other lawyers how to defend these difficult cases, and has written chapters on blood testing, DRE evaluations and defending drug-DUI cases in her highly acclaimed legal book, the Washington DUI Practice Manual.
Let Us Be Your Legal Advocate
Contact one of our Experienced DUI Attorneys today and get the advice you need now. Learn how to save your license and stay out of jail.
With Offices in Seattle, Olympia, and Shelton, we literally surround the Puget Sound.
81 S. Main St, Seattle, WA 98104
400 Union Ave SE, Ste 200, Olympia WA 98501
625 W. Railroad Ave, Ste 426, Shelton WA 98584
Main Office
- 400 Union Ave SE, Ste 200, Olympia WA 98501
- 206-866-6739
- 888-855-6813
- info@dui-defender.net
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Attorneys
- Linda M. Callahan
- Nathan G. Compton
- Nicholas R. Andrews
Copyright 2021 – 2025 | Callahan Law, P.S., Inc.
Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. This web site is not intended to solicit clients for matters outside of the state of Washington.
