Legal Question in DUI Law in Washington

I was pulled over at 2:15am a few nights ago for what the officer said was not keeping lane speeds. He approached my car and asked where the marijuna is. I declined to answer. He made me step out of the car and mad me do the test where I watch his finger, walk in a straight line and tip my head back and count to 30 seconds in my head. During this time he took my glasses. This seems wrong. Also gave me a breathlizer and a blood test, thought it was only 1 or the other. I document everything the next morning as after he took me to the hospital to get blood he took me home around 3:45am. I am over 21 and I should have been book right? He found marijuana but in the state of Washington the charge for a felony is 40 grams which I was under. I have more but I need these questions answered. I passed the breahlizer and he put cuffs on me and place me in the car on what he said was DUI with marijuna. Told him everyday since auguest so it will show in my blood, how is there a way to prove I was under marijuna, don't think that's possible. Thanks

Asked on 1/10/10, 8:53 pm

1 Answer from Attorneys

Jeffrey Bassett Jeffrey P. Bassett, Attorney

That's a lot to answer. Let's start with the easiest one: NO, the police don't HAVE to book you, and in most cases of DUI (absent aggravating circumstances or an extremely bad crim history) I have not seen them book people. They simply release them some time after processing. As to the tests you did, those are supposed to be voluntary so an attorney may be able to suppress them if you were not informed of the same. As to his taking your glasses, I can't answer that without more information as to whether he only took them for a gaze nastagmus test or for the entire period (the latter makes no sense to me). And while you may have passed the BAC, that would be because marijuana would not show on a breath test. The DUI laws allow prosecution where the BAC is .08 or above OR where one's driving is appreciably affected by drugs, alcohol, etc.. (that way, they can also prosecute someone who has a lawful drug prescription but drives while affected). If your blood tests positive for marijuana/THC, they will attempt to prosecute on the latter basis, citing your lane speeds, etc..

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Answered on 1/18/10, 11:22 am

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