Driving under the influence of marijuana is a crime in Washington state per RCW 46.61.502. When marijuana is involved, a blood THC level of 5 nanograms will establish that the driver was under the influence.

A deferred prosecution on a DUI case is governed by RCW 10.05.010. You can have only one deferred prosecution and the decision of whether to use that option must be carefully weighed. This requires probation for up to five (5) years and successful completion of all treatment and probation recommendations.

The entire program is intensive. You will be required to complete an extensive chemical dependency program and report to a probation officer. You will be required to pay for treatment and probation.

These requirements include:

• On deferred prosecution, one must totally abstain from alcohol and all other non-prescribed, mind-altering drugs – this means medical or recreational marijuana too.
• You must attend at least 2 self-help recovery support group meetings per week. Alcoholics Anonymous (AA) is the most common group.

Successful completion of a three-phase treatment program.

• Phase 1: intensive outpatient treatment consisting of a minimum of seventy-two (72) hours of treatment for a maximum of twelve (12) weeks.
• Phase 2: no less than once per week of approved outpatient counseling, group or individual, for a minimum of six months following the intensive phase of treatment.
• Phase 3: no less than once per month of outpatient contact, group or individual, for the remainder of the two-year deferred prosecution period. RCW 10.05.150

On deferred prosecution, one must only drive a vehicle equipped with an ignition interlock device for 1, 5, or 10 years. The length of time will depend upon the number of times the DOL has required you to install an IID in the past.

Reckless driving is defined by RCW 46.61.500 as driving in willful or wanton disregard for the safety of persons or property. It is a gross misdemeanor and carries a maximum sentence of one year in jail and a $5000 fine. If convicted, the DOL will suspend the driver’s license for 30 days. Read more about Reckless Driving Penalties. It is possible that Reckless Driving convictions usually result from cases originally charged as DUI.

Negligent Driving in the First Degree is defined in RCW 46.61.5249 as driving in a manner that is both negligent and endangers or is likely to endanger any person or property. The driver also exhibits the effects of ingesting a substance, whether legal or not, with an intoxicating or hallucinatory effect. 

This misdemeanor is punishable with up to 90 days in jail and a $1000 fine. However, if one has certain prior charges (usually alcohol/drug-related), the court may require the installation of an ignition interlock device on all the vehicles you operate.

Negligent Driving in the Second Degree is a civil traffic infraction, not a criminal law violation. However, it may have significant insurance consequences. It is defined in RCW 46.61.525 as operating a vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property. 

This traffic infraction has a penalty of a $250 fine and the court may require installation of an ignition interlock device on all the vehicles you operate.

Reckless endangerment as defined in RCW 9A.36.050 is conduct not amounting to a drive-by shooting but that creates a substantial risk of death or serious physical injury to another person. It is a gross misdemeanor with a punishment of up to 364 days in jail and a $5000 fine.