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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Washington Drugged Driving

In Washington, a person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state while under the influence of or affected by intoxicating liquor or any drug; or while the person is under the combined influence of or affected by intoxicating liquor and any drug. Wash. Rev. Code Ann. § 46.61.502(1)(a)-(b)(West 2010).

Affirmative Defense

The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section. Id. § 46.61.502(2).

Implied Consent

  • Any person who operates a motor vehicle within Washington is deemed to have given consent to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug. Neither consent nor this section precludes a police officer from obtaining a search warrant for a person's breath or blood. Id. § 46.20.308(1).

  • If the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year. Id. § 46.20.308(2)(a).

  • If the driver refuses to take the test, the driver's refusal to take the test may be used in a criminal trial. Id. § 46.20.308(2)(b).

  • The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The test will be admissible if the person establishes the general acceptability of the testing technique or method. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. Id. § 46.61.506(6).

  • Accused has a limited window to contact attorney before deciding whether or not to submit to chemical testing. extended delay may significantly affect test results and will be considered a refusal. State v. Staeheli, 685 P.2d 591 (1984).

Penalties

  • First offense – imprisonment of not less than 1 day, nor more than 1 year (mandatory minimum: 24 consecutive hours imprisonment or 15 days electronic home monitoring); fine of not less than $350, nor more than $5,000; license suspended for 90 days; offender may be required to install ignition interlock device on vehicle. Wash. Rev. Code Ann. §§ 46.61.5055(1)(a)(i)-(ii) (West 2010); Id. § 46.61.5055(5)

  • Second offense (within 7 years) – imprisonment for not less than 30 days, nor more than 1 year; 60 days of electronic home monitoring (mandatory minimum: 30 days imprisonment and 60 days electronic home monitoring); fine of not less than $500, nor more than $5,000; license revocation for 2 years; vehicle subject to seizure and forfeiture; may be required to install ignition interlock device on vehicle. Id. § 46.61.5055(2)(a)(i)-(ii); Id. § 46.61.5058(2); Id. § 46.61.5055(5).

  • Third or fourth offense (within 7 years) – imprisonment for not less than 90 days, nor more than 1 year; 120 days of electronic home monitoring (mandatory minimum of 90 days imprisonment, and 120 days electronic home monitoring); fine of not less than $1,000, nor more than $5,000; license revoked for 3 years; vehicle subject to seizure and forfeiture; offender may be required to install ignition interlock device on vehicle. Id. §46.61.5055(3)(a)(i)-(iii); Id. § 46.61.5058(2); Id. §46.61.5055(5).

Sobriety Checkpoints

In Washington, law enforcement officials are not entitled to set up sobriety checkpoints.

  • Washington courts require legislative authority to allow law enforcement to set up checkpoints. No statutory authority exists in Washington. City of Seattle v. Mesiani, 755 P.2d 775 (1988).

Case Law

State v. Webb, 195 P.3d 550 (2008) – A post-arrest warrantless search of defendant's glove compartment was unlawful because such a search was valid only if there was a showing that defendant was arrested near his vehicle or that he had immediate control over the glove compartment.

State v. Wilhelm, 896 P.2d 105 (1995) -- In order to convict for DUI, evidence must be sufficient to prove that ability to handle automobile was lessened in appreciable degree by consumption of drugs.
In re Gleason, Bkrtcy.W.D.Wash, 139 B.R. 249 (1992) -- It takes more than the mere confession of defendant in order to convict.

Washington Medical Marijuana

SUMMARY: Fifty-nine percent of voters approved Measure 692 on November 3, 1998. The law took effect on that day. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess "valid documentation" from their physician affirming that he or she suffers from a debilitating condition and that the "potential benefits of the medical use of marijuana would likely outweigh the health risks." Patients diagnosed with the following illnesses are afforded legal protection under this act: cachexia; cancer; HIV or AIDS; epilepsy; glaucoma; intractable pain (defined as pain unrelieved by standard treatment or medications); and multiple sclerosis. Other conditions are subject to approval by the Washington Board of Health. Patients (or their primary caregivers) may legally possess or cultivate no more than a 60-day supply of marijuana. The law does not establish a state-run patient registry.

The medical use provisions in Washington do not include reciprocity provisions protecting visitors from other medical use states.

AMENDMENTS: Yes.

Senate Bill 6032, mandated the Department of Health to "adopt rules defining the quantity of marijuana that could reasonably be presumed to be a sixty-day supply for qualifying patients." In October 2008, the department finalized guidelines allowing patients to cultivate up to 15 cannabis plants and/or possess up to 24 ounces of usable marijuana. The new limits took effect on November 2, 2008.

Patients who possess larger quantities of cannabis than those approved by the Department will continue to receive legal protection under the law if they present evidence indicating that they require such amounts to adequately treat their qualifying medical condition.

Senate Bill 6032 also affirmed changes previously recommended by the state's Medical Quality Assurance Commission to expand the state's list of qualifying conditions to include Crohn's disease, hepatitis c, and any "diseases, including anorexia, which results in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, and/or spasticity, when these symptoms are unrelieved by standard treatments or medications."

It also limits the ability of police to seize medicinal cannabis that is "determined ... [to be] possessed lawfully [by an authorized patients] under the ... law."

ADDITIONAL AMMENDMENTS: Yes.

Senate Bill 5798 allows additional health care professionals including naturopaths, physician’s assistants, osteopathic physicians, osteopathic physicians assistants, and advanced registered nurse practitioners to legally recommend marijuana therapy to their patients. The new law will take effect on June 10, 2010.

MEDICAL MARIJUANA STATUTES: Wash. Rev. Code §§ 69.51A - 69.51A.901 (2007).

CAREGIVERS: Yes. Designated provider is a person who has been designated in writing by a patient to serve as a designated provider. The caregiver must be 18 years of age or older. The designated provider is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider. The designated provider may be the primary caregiver for only one patient at any one time. Wash. Rev. Code §§69.51A.010, 69.51A.040 (2007).

CONTACT INFORMATION: Fact sheets outlining Washington’s medical marijuana law are available from:

Washington State Department of Health
101 Israel Road SE
Tumwater, WA 98501
(800) 525-0127
Attention: Glenda Moore
http://www.doh.wa.gov/

ACLU of Washington, Drug Reform Project
(206) 624-2184
http://www.aclu-wa.org/detail.cfm?id=182

Washington Penalties


Incarceration


Fine

Possession

Less than 40 g

misdemeanor*

MMS 1 Day - maximum 90 days

$250-
$500

40 g or more

felony

5 years maximum

$10,000

Sale or Cultivation

Less than 40 g

felony

0 - 6 months

$10,000

40 g or more

felony

5 years maximum

$10,000

Sale to minor at least 3 years younger than seller

felony

double penalty

double penalty

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Dirty paraphernalia possession, manufacture or delivery

misdemeanor*

90 days

$1,000

*Any convictions of a misdemeanor carry a 24-hour mandatory minimum sentence and a mandatory minimum fine of $250.
For subsequent convictions the possible prison sentence doubles.
Any conviction of a juvenile causes driver's license suspension for 1 year.

 

Details

 

Possession of less than 40 grams is punishable by up to 90 days in jail and a fine up to $1,000. For amounts of 40 grams or more the penalties increase to up to five years in prison and a fine up to $10,000.

Cultivation, delivery or sale of marijuana is punishable by up to five years in prison and a fine up to $10,000. Any sale to a minor at least three years younger than the offender doubles the possible penalties.

It is an affirmative defense to violations of marijuana-related laws that the person, possessing no more than is necessary for personal medical use for up to sixty days, has valid documentation and meets all criteria as a qualifying patient or as a primary caregiver.

Possession, manufacture or delivery of paraphernalia is punishable by up to 90 days in jail and a fine up to $1,000.

Any convictions of a misdemeanor carry a 24-hour mandatory minimum jail sentence and a mandatory minimum fine of $250.

For any subsequent convictions the possible prison sentence doubles.

For drug offense convictions of juveniles, the offender's driver's license is suspended for one year.



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