July 3, 2015 Relevance of the laws In a bid to reduce the number of accidents that are caused by drunk drivers, Washington has in place the legal BAC and THC limits. It is worth noting that Washington is part of the Advanced Roadside Impaired Driving Enforcement states. It is an offense for a driver to be under the influence of any intoxicating substance and this includes any liquor, marijuana or any other substance that has been classified as a drug. However, it is worth noting that after the Supreme Court ruling, it is a requirement that any law enforcement officer obtains a legal and valid warrant before they can test the blood sample of the driver in such cases. Further, it will only be an offense if the alcohol concentration is in excess of 0.08 as indicated after an analysis two hours after driving. The defendant can however prove that the consumption of that drug was done after the driving and before the test was conducted. Most critically, it is to be noted that even if the driver has been allowed to legally use that drug in the state of Washington that shall not be accepted as a defense before the courts of law if such use has exceeded the legal limit that has been set. In the case of marijuana, the legal threshold that will be applicable as a defense is in cases where the THC concentration that is 5.00 or higher at least two hours after driving was consumed after driving. Legal considerations The blood samples that have been obtained can be tendered before the courts of law as evidence if the THC level is in excess of 5.00 and the defendant cannot provide a reasonable reason as to why this is the case. Further, the chances of that evidence being accepted are heightened in cases where that driver has been charged at least four or more times in the previous ten years, in cases where the individual has been previously convicted of the offense of vehicular homicide that was as a result of driving under the influence of intoxicating substances and where the offense meets the threshold as specified by the judicial system. It is to be noted that the BAC and THC limits that have been set in the state of Washington are meant to reduce and in the long run eliminate accidents that are caused by the negligent acts or omissions of drunk drivers. Contact us today to learn more! References http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.502