Penalties for a Marijuana DUI are the same for an alcohol DUI
Marijuana DUI Attorney David N Jolly

Abstain for Marijuana as you will be tested during the evaluation

Drug DUI Handbook by David N Jolly

If you have been arrested for a Marijuana DUI in Bellingham call us immediately!

If you are facing criminal traffic charges for driving under the influence of marijuana you need the best Bellingham attorney by your side.  Washington State marijuana DUI attorney David N. Jolly is the author of the award winning Drug DUI Handbook and the Marijuana DUI Handbook. No other Washington State attorney has authored a book specifically on drug DUIs and therefore no other attorney is as well qualified to defend you in court. Mr. Jolly and the other lawyers at the Firm understand what specific defense strategies work in defending these drug DUI cases. You can trust that Mr. Jolly and the other lawyers at the Firm will do everything possible to fight your charges in both court and at the DOL.  We care about your case and your future and desperately want to help you avoid a conviction that could follow you for many years! Call us today for a free consultation.

If you want a Bellingham marijuana DUI lawyer who really understands driving under the influence of drug cases, contact the Law Firm of David N. Jolly today at (425) 293-2275 today for knowledgeable, experienced and aggressive marijuana DUI defense.

DUI Victim Panel is required and is done weekly in Bellingham


Whatcom County Office

218 W. Champion Street

​Bellingham, WA 98225

Hard to believe, but all licensing penalties apply to Marijuana DUIs
Marijuana DUI Victim Impact Panel Bellingham

In order to prove an alleged offender was driving under the influence of marijuana, the law enforcement officer generally must properly administer a blood test following a lawful arrest. Unlike an alcohol arrest when a breath test will show how much alcohol is in the person’s body, a blood draw must be utilized to show the driver had marijuana in their system.

A blood draw may seem like a difficult piece of evidence to challenge but there are many factors that can affect the results of a chemical blood test and can be challenged in court by your criminal defense lawyer. These factors can include:

  • ● Whether the sample was properly handled;
  • ● Whether the sample was properly preserved;
  • ● Whether the sample was properly administered;
  • ● Whether the sample was contaminated; and/or
  • ● Whether the test was expired.


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An Ignition Interlock is required if convicted of Marijuana DUI

(425) 493-1115 | (360) 293-2275

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Driving under the influence in Washington can involve a number of substances, namely alcohol or any drug (legal or illegal) that impairs the driver’s ability to drive. Historically, an individual arrested for DUI did not have to be under the influence of alcohol in order to be charged with this serious crime.  Very simply, if a breath or blood test rendered a reading of 0.08% or great, the driver was guilty regardless of the level of impairment. The same was never true for drug DUI arrests however, until now.

If you have smoked weed or eaten any type of pot brownies or baked goods before getting behind the wheel, you could potentially be pulled over on suspicion of driving under the influence (DUI). With the new law in Washington you can be found guilty of a marijuana DUI even if your ability to drive is not appreciably affected.  Regardless of the fact that many studies show drivers are more cautious when driving after consuming marijuana, a conviction for DUI marijuana can result in serious repercussions, including jail or prison sentence, fines and/or a criminal record.

Sometimes it may be difficult to remember but a marijuana DUI is like any other driving under the influence case.  As a result many of the typical rules and conditions that follow an arrest are the same.  Sometimes this can lead to illogical results, such as as requirement of an ignition interlock device, even though a marijuana DUI typically does not involve alcohol. Blame the Washington State Legislature for that! However, in the mean time your best defense starts with a local Bellingham DUI lawyer.

As of December 6, 2012, the state of Washington enacted a specific Marijuana DUI statute which made driving after having a set limit of THC in the blood stream illegal. The law also established an administrative licensing requirement in order for the driver to keep their license. The law has changed to make law enforcement and courts treat marijuana DUIs the same way they driving under the influence of alcohol. In Washington it is now unlawful for drivers to operate a motor vehicle with .05 nanograms or greater of THC in the blood stream as determined by an authorized blood draw and analysis. Those who are convicted under this statute will face the same DUI penalties as one convicted under the alcohol DUI statute. One major difference is that a blood test showing a level of THC greater than or equal to .05 will now require the Washington DOL to take an administrative action against the driver's license as it would for .08 or higher alcohol cases. The Department of Licensing Hearing is never easy but if you win, you will not have your license revoked - however, should you lose you will lose your license for no less than 90 days.   This new and unique law demands your attorney be well educated in drug cases to properly defend you in court.  The attorneys at the Law Firm of David N. Jolly are highly qualified and experienced in defending marijuana DUI Cases. Call them now for more information.

As previously mentioned, a Marijuana DUI is like a normal driving under the influence charge except for what the City of Bellingham must prove to convict you.  Similarly, the Department of Licensing treats such a charge the same except for one key component, instead of a breath test requirement of 0.080, there must be 5 nanograms of THC in your system to suspend your license.
A marijuana DUI conviction may affect your driver's license in the following ways:

  • ● Suspend your license for at least 90 days
  • ● Require you to install an ignition interlock license
  • ● Require you to have SR 22 insurance for three (3) years

The DOL acts in unusual ways so please contact our experienced Bellingham DUI Defense lawyers following your arrest.

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If you have been arrested for driving or operating a motor vehicle while under the influence of marijuana (Marijuana DUI) in Bellingham, you must immediately seek assistance from an experienced Bellingham Marijuana DUI Lawyer. There is no other criminal defense attorney in the City of Bellingham more qualified than David N. Jolly! With more than 30 years of combined DUI practice and having authored 14 DUI books, including the Drug DUI Handbook and the Marijuana DUI Handbook, we have the experience and knowledge you need on your side. We offer affordable DUI fees with flexible payment plans to accommodate virtually all budgets. Call our us for a FREE consultation.

Bellingham Criminal Court Marijuana DUI


Deferred Prosecution will dismiss your Whatcom DUI


DOL License Suspension Marijuana DUI
Whatcom County DUI Handbook by David N Jolly
Law Firm of David N Jolly | Marijuana DUI Attorney
Bellingham Marijuana DUI Defense Attorney

Remember, the law demands the burden of proof on prosecuting attorneys in Bellingham marijuana DUI cases. If the THC in your system was below 0.05 nanograms then the Whtacom County prosecutor must prove that you were impaired by the drug. If your THC was greater than 0.05 the prosecuting attorney must prove the blood draw was lawfully obtained and accurate beyond a reasonable doubt to convict you of a marijuana DUI in Bellingham.

Often a blood test will show the presence of marijuana metabolites called carboxy. These metabolite levels, however, may only show that marijuana has been administered at some point in the past, but they do not always prove that you were under the influence at the time of your arrest or citation. In addition, there are also several studies that show that marijuana use does not raise your risk of road trauma. The attorneys at THE LAW FIRM OF DAVID N. JOLLY are skilled in the art of the Marijuana DUI defense and can help you obtain justice.

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DUI Defense Lawyer Bellingham
Criminal courts  are well equipped to prosecuting all DUI cases.
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It is important to understand that if you have been charged with driving under the influence of marijuana, it does not necessarily have to result in a conviction. The Bellingham prosecutor has the burden of proving you committed every element to the DUI offense beyond a reasonable doubt. Therefore, an experienced marijuana DUI defense lawyer in Bellingham is your best defense to this difficult charge.

If you have been charged with a marijuana DUI in Whatcom County including the City of Bellingham contact the Law Firm of David N. Jolly immediately. The attorneys at the Law Firm of David N. Jolly are experienced in defending drug DUIs in Washington and are particularly knowledgeable in the area of marijuana DUIs in Whatcom County.  Call the Law Firm of David N. Jolly for a free consultation at (360) 293-2275 about your alleged marijuana DUI.

Deferred Prosecution Marijuana DUI
Marijuana DUI Handbook by David N Jolly

Solid DUI defense is the only guarantee for improvement