Tag Archives: Washington

Washington Sets New Ignition Interlock Device Law

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Washington alcohol ignition interlock devices are being equipped to take a photo of the person providing the breath sample. Starting Jan. 1, all alcohol ignition interlock devices are required to have a camera installed into the driver’s side of the vehicle. The measure is intended to prevent someone who may not be driving the vehicle from providing a breath sample.

The new law is in reaction to several incidents where people have tried to trick the ignition interlock system. With the driver in view of a camera, having someone else pass the breath test for them is not an option.

Washington State Patrol Sergeant Ken Denton said, “We’ll be able to refer that with a photograph, hard evidence of the person who is having his children blow into the device and they could get additional jail time as a result.”

The camera and ignition interlock device data is sent to Washington State Police. Sgt. Denton said Washington is the first state in the union to mandate the cameras for the interlock devices.

“Driving High” Marijuana DUI Law in Washington

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Marijuana will be legal in the state of Washington starting on December 6, but drivers need to be aware that the ballot initiative that legalized it also included a new DUI Standard which may make driving riskier for regular users than the previous law did.

Under Washington law, adults (persons 21 years and old) may possess up to an ounce of processed marijuana, 16 ounces of marijuana-infused product (solid form), or 72 ounces of marijuana infused liquid product.

The DUI standard and physical control laws have set the THC level for intoxication at 5 nanograms per milliliter of blood. This has been deemed the level at which motor skills are impaired to the point that it is too dangerous for a person to operate a motor vehicle, and is similar to the standard for alcohol which is 0.08.

A driver’s THC must be tested through a blood test. The law that allows for a blood draw on a driver has changed, they are referred to as Implied Consent laws, and now the law allows for blood tests if the driver is suspected of being under the influence of marijuana.

The DUI standard for persons under age 21 is zero tolerance. Any driver under the age of 21 who is suspected of being under the influence of marijuana, and who subsequently tests for any amount of marijuana in their system, will be charged with DUI.

Washington State Patrol Spokeman Bob Calkins said, “Regardless of whether this person has been a regular user of marijuana, may have a routine THC level in his blood of this point or that point, if he’s driving OK, he’s probably not going to come to our attention. And if he’s driving badly, he probably is going to come to our attention.”

Part V of the initiative, the section that establishes the per se DUI limit of THC at 5ng/mL, has raised concern amongst medical marijuana advocates who say the new DUI law will lead to convictions for those who use marijuana to treat their ailments. The metabolite 11-COOH-THC, which is the secondary metabolite in marijuana that forms after consumption of cannabis and is also known as the metabolite that can remain in a person’s system for days to weeks, is explicitly excluded for from consideration for a DUI charge.

11-OH-THC is the active metabolite of THC. If both 11-OH-THC and 11-COOH-THC are present then motor impairment may still be present.

Washington DUI and Marijuana Laws

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On Nov. 6, when the legalization of marijuana was voted on in Washington, there were many assumptions and hanging questions about what the new law actually meant. One man was arrested shortly after the law was passed for smoking marijuana in a public park. He thought he was safely doing so because marijuana had just been legalized, but technically that would not go into effect for two months, and new laws did not allow public consumption, either. The new law does not officially take effect until Dec. 6, but already 220 possession cases have been retroactively dismissed.

A guide for the public on what legal use now means in Washington has been published. Jonah Spangenthal-Lee is a former journalist who was hired by the police department earlier this year, and along with police spokesman Sgt. Sean Whitcomb, the two have produced good advice for the public on how they can better understand I-502.

Here are a few snippets from the pamphlet:

Q:What happens if I get pulled over and an officer thinks I’ve been smoking pot? A: If an officer believes you’re driving under the influence of anything, they will conduct a field sobriety test and may consult with a drug recognition expert. If officers establish probable cause, they will bring you to a precinct and ask your permission to draw your blood for testing. If officers have reason to believe you’re under the influence of something, they can get a warrant for a blood draw from a judge. If you’re in a serious accident, then a blood draw will be mandatory.

Q:What happens if I get pulled over and I’m sober, but an officer or his K9 buddy smells the ounce of Super Skunk I’ve got in my trunk? A: Under state law, officers have to develop probable cause to search a closed trunk or locked container. Each case stands on its own, but the smell of pot alone will not be reason to search a vehicle.

The article Marijwhatnow? A Guide to Legal Marijuana Use In Seattle is just one attempt to inform the public of what they can expect from the passage of 1-502. Washingtonians are now faced with learning the new marijuana DUI law that came with I502, which sets 5 nanograms as the standard for what is too much THC in the system for driving.