Washington’s Initiative 502 states that a person can be charged with a DUI of marijuana if their level of THC is over 5 nanograms per milliliter of blood within two hours of driving. If the test is taken after two hours of driving a person can be charged guilty if their blood contains any trace of THC. I do not find this is fair for lawful users of marijuana in the state of Washington. I think that a DUI should only be issued if the test happens within two hours.
Officers will need a quick way to test for levels of THC after pulling over suspected offenders. There is no Breathalyzer to test drivers for THC. Instead saliva or blood tests are used. Saliva tests can detect the presence of marijuana. Blood work can determine the level of THC but requires consent or reasonable grounds from the officer. I believe that the officer should be able to use a saliva test as grounds for the blood test. Then, the blood test should be given by a certified nurse to determine the level of THC. All tests should happen within two hours of driving if a DUI is to be issued.