Marijuana DUI Handbook by David N Jolly
DUI Defense Marijuana Whatcom County
Marijuana DUI Whatcom County

Contact our Whatcom County Marijuana DUI lawyers in Bellingham immediately following your arrest for driving under the influence

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If you have been arrested for driving a motor vehicle while under the influence of marijuana (Marijuana DUI) in Whatcom County, you must immediately seek advice from an experienced Whatcom County Marijuana DUI Lawyer. We are those attorneys! With more than 20 years of 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 a wide range of DUI fees to accommodate virtually all budgets. Call our Bellingham DUI Law Firm for a FREE consultation.

Whatcom County Office

218 W. Champion Street

​Bellingham, WA 98225

CONTACT A WHATCOM COUNTY DUI OF MARIJUANA ATTORNEY

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Abstain for Marijuana as you will be tested during the evaluation

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Whatcom County DUI Handbook by David N Jolly

In Washington, a DUI can occur one of two ways. The first is driving under the influence of alcohol as determined by a breath or blood draw indicating that the person’s blood alcohol concentration is 0.08% or greater (or that the person was impaired by alcohol).    The second and increasingly more common is when the driver has consumed a drug such as marijuana and the ingestion of that marijuana has impaired the person's ability to drive a motor vehicle.  In Washington State the new law, enacted in this State in 2012, now has a specific concentration of cannabis in the person's blood which automatically makes the driver guilty of the marijuana DUI.  Of course, this is precisely why you need a marijuana DUI attorney for your Whatcom County case.


In driving under the influence of marijuana or any drug, police officers will typically testify that a variety of observed symptoms of impairment were present in order to justify the arrest and prosecution for "driving while stoned".  Drug cases, and in particular marijuana, present a number of complex issues in the criminal case due to the lack of scientific correlation studies on impairment related to the operation of a motor vehicle. In many cases a lawyer knowledgeable with marijuana criminal driving under the influence charges and its many aspects can defend a person charged with the crime of DUI.  David Jolly is one of the most knowledgeable marijuana DUI lawyers in Whatcom County and Washington and is the author of the Drug DUI Handbook and the Marijuana DUI Handbook.  Let his knowledge work for you.

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An Ignition Interlock is required if convicted of Marijuana DUI

If you have been arrested in Whatcom County by a Washington State Trooper, Sheriff’s Deputy or a local police officer and brought to a police station and/or forced to give blood a sample, you have rights and you must be protection. Call now for a free consultation. Please be ready to provide our attorneys with the details of your incident, such as any statements made to the officer about consuming marijuana, if any Field Sobriety Tests were administered, if a drug recognition expert (DRE) was utilized, and if there was a blood draw.

When faced with criminal charges for driving under the influence of marijuana, your best defense starts with hiring a skilled and experienced Whatcom County marijuana DUI attorney. 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.  Marijuana DUI cases are often very fact-specific, so don't trust your case to just anyone. When the choice comes between a Marijuana DUI charge and your freedom, don't mess around with imposters, call THE LAW FIRM OF DAVID N. JOLLY. We are one of the most experienced Whatcom County DUI Defense Attorneys and are your best defense in court.

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

WHATCOM COUNTY MARIJUANA DUI ATTORNEYS

In an attempt to prove drug DUI cases law enforcement have invented a program called "Drug Recognition Examinations."  This multi step approach of field evaluation is utilized in Whatcom County DUI cases to help prosecutors prove the driver was impaired.  The object of the DRE is to detect and identify specific drug impairment of the driver arrested for a DUI. Marijuana and other drugs are purported to be detectable using the process. However, the examination is not as accurate as the police claim and the DRE is often not performed in the correct manner. The DRE evaluation takes about 30 to 40 minutes to perform correctly.  If asked by a local Whatcom County law enforcement officer if you are willing to participate in a DRE, politely decline.

If you are facing the criminal charge of driving under the influence of marijuana you need the best Whatcom County marijuana DUI attorney available. 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 team of drug DUI lawyers at the Law Firm of David N. Jolly understand what specific defense strategies work and how to defeat your drug DUI case. You can trust that Mr. Jolly will do everything possible to fight your charges in both court and if necessary, at the Department of Licensing (DOL). Call us today for a free consultation.

If you want a 
Whatcom County marijuana DUI lawyer who knows how to fight driving under the influence of drug cases, contact the Law Firm of David N. Jolly today at (360) 293-2275 today for knowledgeable, experienced and aggressive marijuana DUI defense.

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DUI Victim Panel is required and is done weekly in Bellingham

Whatcom Marijuana DUI Attorney

MARIJUANA DUI DEFENSE SIMILAR BUT DIFFERENT

The standard test for a marijuana DUI is a blood draw. In Washington ordinarily a person arrested for driving under the influence will be required to submit to either a breath or blood, however when drugs such as marijuana are suspected the choice is limited to a blood test. Blood draws when administered properly are deemed more accurate than breath tests however, do not assume a blood test is full proof.  The law enforcement officer must still follow protocol and procedure to ensure the blood draw can be properly admitted as evidence in Whatcom County Courts.  This includes both Whatcom County District Court and Bellingham Municipal Court.

In Whatcom County cases where the amount of THC is less than 0.05 nanograms, the minimum amount where a driver is considered guilty of a marijuana DUI, the State will still prosecute but attempt to prove the case based on perceived impairment by marijuana.  It is well accepted in the scientific community that marijuana metabolite (a breakdown product) is detectable in the human body for an extended period of time compared to other drugs. Initially, it is important to define what is meant by marijuana metabolite. Ordinarily this term refers to a specific breakdown product of marijuana called delta-9-carboxy-tetrahydrocannabinal (otherwise known as THC). What must be understood in the context of DUI prosecutions is that carboxy THC is not psychoactive and has no effect on ones physical performance or ability to drive an automobile safely. Carboxy THC is an oily substance that accumulates in a person's body fat over time after marijuana ingestion and is slowly released into the blood and excreted into the blood as a waste product. This is the primary reason why carboxy THC is detectable in the blood for extended periods of time compared to that of other drugs and their metabolites. Since the effects of marijuana seldom last beyond several hours (4 hours on average), the presence of carboxy THC in the blood sample collected after an arrest for DUI does not necessarily prove that the individual was "under the influence" or impaired by the marijuana at the time of driving his or her motor vehicle.

How long the THC will stay in a person's system and be detectable by a blood test depends on many different factors. How frequent the person ingests marijuana, how sensitive the test is, and the how recent the consumption all are considerations. Recent scientific studies in the area have revealed that the smoking of a single marijuana cigarette can stay in a person's system from one to sometimes three days. Other studies have shown that heavy smokers of marijuana (daily use for six months or more) can show positive for THC in their blood for up to two months after the last consumption.

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While it is true that marijuana DUI defense has unique qualities that pertain specifically to the detection of the drug, impairment by the drug, and valid blood test results, many of the other elements to the crime are very much the same as the "ordinary" driving under the influence of alcohol case.  This is the area where the Law Firm of David N. Jolly has focused since its inception more than a decade earlier.  Contact Whatcom County DUI Defense attorney David Jolly for a free consultation as soon as possible following your arrest.


The State will use evidence to prove a marijuana DUI that is very similar to an alcohol driving under the influence charge.  Such evidence will include possible driving impairment, observations made by law enforcement of generalized impairment, and standardized field sobriety tests. However, there is a flaw with this practice and that is the tests used were all studied with alcohol impairment in mind, not marijuana.  With the exception of the drug recognition evaluation, none of the other tests used by law enforcement are designed to prove impairment by marijuana.  This is where your Whatcom County DUI attorney becomes critical to your defense and protection.  Only a knowledgeable and experience DUI Lawyer in Whatcom County can properly defense you in cases where the evidence used is not proper.  Call the person who truly understands this area of law, the person who wrote the only Marijuana DUI book in the country, Whatcom County Marijuana DUI lawyer David Jolly.

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