Criminal Defense Skagit County
An arrest for a Marijuana DUI in Skagit was once a rare event. Officers were not trained to detect impairment by marijuana and the ability to easily and readily test those presumed to be under the influence of a drug did not exist. This is no longer the case. Since the legalization of marijuana, the State of Washington has made a Marijuana DUI very easy to prove. The first tool the State added to its tool chest was the "per se" law making a driver guilty of a Marijuana DUI if the blood draw gave proof of 5 nanograms of THC in the driver's blood. This relatively low level of THC made most drivers who had consumed marijuana susceptible to committing a crime. An additional tool that made proving a DUI by marijuana relatively straight forward is the fact that blood draws can be easily completed.
The law now makes it permissible to request a search warrant for blood. Further, Judges are “on call” and ready to give permission to law enforcement to gather blood as evidence. Finally, there are now phlebotomists in jails and easy accept to emergency rooms when the search warrant for blood is authorized. This is exactly why you need the author of the Country’s first Marijuana DUI book to help you if you have been arrested for Marijuana DUI in Skagit County.
Important Information on Marijuana DUIs
COURT AFTER YOUR ARREST
If you have been arrested for DUI in Skagit County you will appear in court. However, with Marijuana DUIs there is a high likelihood that blood was taken as part of the evidence used to prove the State's case. In such situations, it is more likely than not that the State will wait until the blood is received to file criminal charges against the driver. It is important to confirm this fact and a simple call to my office will take care of that concern.
LICENSE ISSUES
If your blood was drawn as a result of a search warrant and you were never given an option to accept or refuse and, you were never advised of your Implied Consent Warnings then you should not have a DOL hearing. However, if you refused the blood (or breath) test after being advised of your implied consent warnings then you will need to defend your license. If you are convicted of a Marijuana DUI you will lose your license for at least 90 days.
SKAGIT COUNTY PROBATION
SKAGIT COUNTY PROBATION
Despite well intentioned Judges, probation is not your friend. The role of probation is to keep you on the straight and narrow and to confirm you have done everything you have been ordered to do. However, their role is also to report to the court any misgivings they may have about you. The best advise is to avoid probation due to the inconvenience, the potential liability to you and the cost. Call us to find out how to avoid probation in Skagit County.