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How High Is Too High To Drive?

Posted by William Kirk, Partner | Apr 23, 2014 | 0 Comments

The Arizona State Supreme Court ruled this week that a driver under the influence of marijuana must actually be impaired at the time of arrest, reports The Associated Press. The ruling overturned an earlier decision last year that allowed Arizona prosecutors to go after high drivers if they had any amount of the chemical compounds of marijuana in their systems. This was true even if the active compound found in the driver's system did not directly lead to impairment.

In its ruling, the Arizona State Supreme Court specifically found that the presence of a non-psychoactive compound in a person's body would not be enough to prove impairment.

Washington High Driving Law

In Washington, the laws regarding driving under the influence of marijuana is somewhat similar to the Arizona State Supreme Court's ruling. The presence of marijuana in a driver's system would not be enough to show impairment to prove a DUI. Instead, prosecutors would need to show that the driver was actually impaired.

Impairment would be proven in Washington if the driver's ability to drive is affected by the marijuana use or if the driver has a THC level above five nanograms in his or her system. So someone with a THC level above five nanograms would be presumed under the influence, even if that person's driving ability was not otherwise affected.

Contact a King County DUI Attorney

If you have been charged with driving under the influence, you will want to contact an experienced King County DUI attorney. Schedule a consultation to discuss your case with an attorney at Cowan Kirk Gaston Wolff by calling 425-822-1220.

About the Author

William Kirk, Partner

Bill Kirk has been named a Super Lawyer by Washington Law and Politics Magazine every year since 2003. He currently serves on the Board of Regents to the National College for DUI Defense and is the President of the Washington Foundation for Criminal Justice. Bill is one of only two attorneys in this state to pass the National College's Board Certification Exam.


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