Drug DUI
Drug DUI Attorney in Spokane
DUID Defense Built on Over 40 Years of Spokane Criminal Defense Practice
A drug DUI charge in Washington operates under different rules than an alcohol DUI. There’s no breathalyzer. Evidence comes from blood draws, officer observations, and evaluations by Drug Recognition Evaluators. The legal standards for proving impairment shift depending on the substance involved. If you’re facing a DUID charge, the defense strategy has to account for all of it.
At Maxey Law Office, we’ve defended criminal cases in Spokane County and throughout Eastern Washington since 1980. Our attorneys hold the National College for DUI Defense credential and have earned Avvo Client’s Choice recognition. We serve clients across Spokane and North Idaho, return calls and emails promptly, and can meet you at home or in the hospital when circumstances require it.
If you’ve been charged with driving under the influence of drugs in Spokane, contact Maxey Law Office today at (509) 652-3330 to talk through your situation.
Under RCW 46.61.502, a drug DUI charge can arise from cannabis, prescription medications, or illegal controlled substances. Unlike an alcohol DUI where a breathalyzer delivers an immediate result, drug cases rely on blood testing, which raises questions about collection protocol, chain of custody, and laboratory analysis. Critically, Washington law doesn’t require a specific concentration for most substances. A person can be charged based on impairment evidence alone, even if their THC level is below 5.00 ng/mL or the substance has no per se limit under state law.
How We Defend Drug DUI Charges in Spokane
Drug DUI defense is fact-specific work. Our attorneys examine the full record before determining the best path forward: what led to the stop, how the investigation unfolded, and whether the state’s evidence actually supports the charge.
Challenging the Traffic Stop
Every investigation has to start somewhere lawful. If an officer lacked reasonable suspicion to initiate the stop, evidence gathered afterward may be suppressible. We review dashcam footage, police reports, and dispatch records to evaluate whether the stop itself holds up.
Blood Test Integrity
Blood draws must follow strict collection and chain-of-custody procedures. Errors in how a sample is collected, labeled, stored, or transferred to the laboratory can affect the reliability of the results. We scrutinize every step of that process.
DRE Evaluation Reliability
Drug Recognition Evaluators are law enforcement officers trained to identify drug impairment through a standardized 12-step evaluation. Their findings often form the backbone of a drug DUI prosecution. The validity of a DRE evaluation can be challenged based on how the protocol was administered, the officer’s training, and whether the conclusions are actually supported by the physical findings.
Impairment Evidence for Non-THC Substances
For prescription opioids, benzodiazepines, stimulants, and other drugs, Washington law sets no per se concentration threshold. The prosecution must prove impairment through officer observations, DRE findings, and toxicology interpretation. Each element is contestable. A toxicology report showing a substance was present doesn’t automatically establish that a driver was impaired at the time of driving.
Prescription Drug Cases
A valid prescription is not a defense under RCW 46.61.502(2). Impairment while driving is the operative question, regardless of whether the use was legally authorized. Even so, the prosecution still bears the burden of proving actual impairment, and we can challenge whether that burden is met.
Where the evidence warrants it, we negotiate for reduction to reckless or negligent driving. Where the state’s case has meaningful weaknesses, we file motions to suppress and take the fight further. Our familiarity with Spokane County judges and court procedures shapes how we approach every case.
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Washington Drug DUI Penalties Under RCW 46.61.502
Washington’s DUI statute treats drug impairment the same as alcohol impairment for sentencing purposes. For substances other than THC, the prosecution must prove impairment through officer observations, DRE findings, and toxicology results rather than a specific concentration. Penalties escalate sharply with each prior conviction, and a fourth offense within 10 years becomes a felony.
Penalty tiers for drug DUI convictions in Washington:
- First offense: Minimum one day in jail or 15 days home monitoring; up to 364 days in jail and a $5,000 fine; 90-day to two-year license suspension; at least one year on an ignition interlock device
- Second offense (within 7 years): Minimum 30 days jail or 60 days home monitoring; up to 364 days jail and a $5,000 fine; two- to three-year license suspension; minimum two-year ignition interlock
- Third offense (within 10 years): Minimum 90 days jail or 120 days electronic home monitoring; up to 364 days jail and a $5,000 fine; three- to four-year license revocation; minimum three-year ignition interlock
- Fourth or subsequent offense (within 10 years): Charged as a felony; up to 10 years in prison and a $20,000 fine; four-year license revocation; 10-year ignition interlock requirement
Beyond jail time and fines, a DUID conviction can mean mandatory substance use disorder assessment, a lasting criminal record, and higher insurance costs. There’s also a separate administrative process through the Washington State Department of Licensing that can suspend your driving privileges before your criminal case is resolved. Requesting a DOL hearing promptly after arrest preserves your right to contest that suspension.
The sooner we can review the facts of your case, the more options we’re likely to have. Call Maxey Law Office at (509) 652-3330 to speak with a DUID attorney in Spokane.
