Proving impairment from intoxicating substances is not an exact science.

The WA State DUI statute can be violated by being under the influence of a narcotic, prescription drug, or any combination of drugs and alcohol. Unfortunately, having a prescription for medication provided by a doctor is not a defense, even if you are within levels of consumption prescribed by a doctor.

If you have been charged with a drug DUI in Washington State, you are facing gross misdemeanor criminal charges. Gross misdemeanors carry a maximum penalty of 364 days of jail time and a $5000 fine.

If the police found illegal drugs or prescription drugs that were not prescribed to you, you may also be facing felony drug possession charges.

Investigation Process

The science behind a drug DWI is different than that of an alcohol DUI and this causes the charges to be investigated differently. Drug DUIs involve blood draws and sometimes an investigation by a police officer trained to be a Drug Recognition Expert.

Although Drug Recognition Experts have special training, they are far from medical experts. However, if they fully complete a 12 step process to determine if you are under the influence of a prescription drug, illegal drug, or marijuana, the results of their tests can be admissible in court.

Tests performed by Drug Recognition Experts are intended to rule out medical issues and to categorize the drug(s) that are believed to be intoxicants. An experienced drug DUI lawyer will explore the unique proof problems that are related to their testing procedures and results. Additionally, if you were not informed that the tests were optional, the results can be suppressed from evidence.

Preventing a Conviction

Drug DUIs are not easy for the state to prosecute and win. With the exception of a marijuana DUI (5 ng/ml of THC), there is no blood concentration level that is determined to be over the legal limit. Additionally, some drugs can stay in your system for days, even though they may not affect your impairment levels. It can be argued that there was an insufficient amount of a drug(s) in your system to cause intoxication.

Many arrests involve field sobriety tests. These tests are optional, although the optional nature of the tests is often times not clearly communicated by law enforcement. Even if you agreed to perform field tests, we can often times prevent the results from being used against you, as the reliability of the results are not backed by strong science.

Proving impairment from a prescription or narcotic drug is far from an exact science. An attorney who understands the limitations of blood tests and field sobriety tests can often times create a convincing defense that avoids a conviction or results in significantly reduced consequences.

At the DUI Law Firm, we understand the technical issues that can be used to win your case. We have a proven track record for winning drug DUI cases in the courts of King County, Pierce County, and Thurston County as well as the municipal courts of Tacoma, Seattle, Bellevue, Puyallup, and Olympia WA. Contact us today for a free consultation.