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DUI Involving Drugs
A drug driving under the influence (DUI) charge in Tacoma carries the same criminal penalties as an alcohol DUI, but the way these cases are built and challenged is different.
Whether the charge involves marijuana, a prescription medication, or another controlled substance, prosecutors must show you were impaired at the time you were driving.
Our firm has successfully handled thousands of cases in Pierce County, and we know how to take apart the evidence the state relies on in drug DUI cases.
Tim Rusk Attorneys offers free consultations for anyone facing a drug DUI in Tacoma. Contact us online or call 253-904-2472 today.
How Drug DUI Cases Are Built in Washington
Under RCW 46.61.502, Washington sets a per se THC limit of 5 nanograms per milliliter of blood for marijuana. For most other substances, there is no established threshold. That means the state cannot simply point to a number on a lab report. Instead, prosecutors piece together a case using:
- Officer observations of your behavior, coordination, and appearance during the stop
- Field sobriety test results
- Drug Recognition Expert (DRE) evaluations
- Blood test results showing the presence of a controlled substance
- Statements made during or after the stop
What a Conviction Could Mean for You
A first-offense DUI in Washington carries serious consequences, including:
- A minimum of 24 hours in jail and up to 364 days
- Fines that can exceed $5,000 when assessments are included
- A 90-day license suspension
- Mandatory drug and alcohol evaluation and treatment
- An ignition interlock device requirement upon reinstatement
A DUI conviction stays on your Washington driving record for life, and a second offense brings significantly steeper penalties under RCW 46.61.5055.
Defenses in a Tacoma Drug DUI Case
Drug DUI cases are won or lost on the details of the evidence. Depending on the facts of your situation, a defense may involve one or more of the following approaches:
- Challenging the Drug Recognition Expert evaluation: DRE protocols require officers to follow a specific 12-step process. Deviations from that process can undermine the evaluation’s credibility.
- Attacking blood test procedures: Chain of custody errors, improper storage, or lab contamination can call test results into question.
- Contesting probable cause for the stop: If the officer lacked lawful grounds to pull you over, the evidence gathered after that point may be suppressible.
- Questioning the per se THC limit: For marijuana cases, the 5 ng/mL threshold does not reliably indicate impairment, and expert testimony can challenge the state’s reliance on that number alone.
- Prescription drug context: For legally prescribed medications, evidence of lawful use and proper dosage can be relevant to contesting impairment claims.
Why Tim Rusk Attorneys for Your Tacoma Drug DUI Case
Drug DUI cases live and die on science and procedure. Our Tacoma drug DUI defense attorneys know exactly how Drug Recognition Expert evaluations are conducted, where those evaluations fail, and how to challenge blood test results when the collection process or lab procedures do not hold up. Tim Rusk was born and raised in Tacoma and has handled over 2,000 cases in Pierce County courts. He knows the prosecutors and the standards local judges apply to this type of evidence. What sets our firm apart in drug DUI cases specifically:
- Direct familiarity with DRE protocols and the specific points where they break down
- Hands-on experience challenging blood test evidence, lab procedures, and chain of custody
- Creative defense strategies built around the substance involved and the circumstances of your stop
- Personal attorney attention on your case from the first call through resolution
- Recognized by Super Lawyers with more than 100 five-star client reviews
- Free consultations with no obligation
Frequently Asked Questions About Drug DUIs in Tacoma
Can You Be Charged With a Drug DUI if Your Prescription Was Legally Issued?
Yes. A valid prescription does not protect you from a drug DUI charge in Washington. If the medication impaired your ability to drive, the state can pursue the charge regardless of whether you obtained the substance legally.
What Happens to Your License After a Drug DUI Arrest?
Your license can be suspended before your criminal case is resolved. After your arrest, you have a limited window to request a hearing with the Washington Department of Licensing to contest the suspension. Missing that deadline typically results in an automatic suspension, separate from any penalty imposed if you are later convicted.
Can You Refuse a Blood Test During a Drug DUI Stop in Washington?
You can refuse, but there are real consequences. Under RCW 46.20.308, Washington’s implied consent law requires drivers to submit to chemical testing when an officer has probable cause to believe they are impaired. Refusing results in an automatic license revocation that is longer than the suspension for submitting to the test, and prosecutors can use the refusal as evidence against you at trial.
Facing a Drug DUI Charge in Tacoma? Get Real Answers First.
Our firm has successfully handled thousands of cases, and drug DUI defense is one of the most technically demanding areas of criminal law. The science behind the state’s evidence matters, and so does the timeline of your case. Tim Rusk Attorneys offers free consultations so you can understand exactly where you stand before making any decisions. Call 253-904-2472 or contact us online to get started.
