Marijuana DUI Attorney

Oregon does not have a legal limit for marijuana impairment like the .08 BAC limit for alcohol intoxication. While Washington and some other states have passed laws setting legal limits for THC impairment, Oregon lawmakers have so far refused to do so because the research about the correlation between THC level and impairment is not well established.

In marijuana impaired driving cases the state must prove your guilt by showing that your “physical and/or mental faculties are adversely affected to a noticeable or perceptible degree.” The typical marijuana DUI arrest begins with a breath test for alcohol even if the police do not believe you have been drinking. Then a police officer called a Drug Recognition Expert (someone with additional training assessing drug impaired drivers) will conduct a battery of tests on you. You do not have to agree to this evaluation and any evidence the police obtain from it will be used as evidence against you later in court.

After you provide an under .08 BAC, the police are authorized to request a urine test if they suspect you are impaired by marijuana or other drugs. When you refuse to provide a urine test under these circumstances, you are facing a minimum one (1) year driver’s license suspension under Oregon’s Implied Consent law even if you already provided an under .08 breath sample.

Marijuana impairment cases can be difficult for the prosecution to prove since there is no minimum legal limit for THC impairment. You need an experienced trial attorney to review your case for trial. A DUI conviction can result in jail time, loss of license, large fines and a conviction on your record. I have thirty years of experience as both a prosecutor and defense attorney and have tried well over a hundred cases. Call me to defend you against marijuana DUI charges.

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