Trial-Tested Cannabis & Criminal Defense in Oregon – Call (541) 667-9567
In Oregon, a person can be charged with a marijuana-related Driving Under the Influence of Intoxicants or “DUII” based on a urine test and the report of a law enforcement officer certified as a “Drug Recognition Expert”. There are many factors that are important to consider when analyzing marijuana-related DUII charges. People in Oregon that are facing Marijuana DUII charges should consult an attorney that has extensive criminal defense experience and who understands the latest science regarding cannabis impairment.
Since 2014 when cannabis was legalized for adult use in Oregon, state and local police agencies have increased enforcement efforts regarding Marijuana DUII’s. Society expects police to arrest and charge people who are driving under the influence of alcohol and controlled substances. However, because cannabis stays in the system much longer than other drugs, there will be people who test positive for inactive THC metabolites in their urine, even after prolonged abstinence from cannabis use. This leaves the potential for many people to get caught up in the DUII net, even if they are not impaired.
Driving Under the Influence of Alcohol vs. “Impairment” from Cannabis
There is also the issue of recent use and how much it takes to be “impaired” by or “under the influence” of cannabis. Most people can have a glass of wine or beer at dinner and not be under the influence of alcohol. Frequent users of cannabis can develop a tolerance that greatly reduces the actual impairment of coordination and other skills necessary for driving. This is much different than alcohol, where even the most tolerant start to show hand-eye coordination deficiencies above .08 BAC.
There is no equivalent breath test to determine current cannabis levels like there is with alcohol. Blood tests for active THC metabolites, like used in Colorado and Washington, are the most accurate way of determining the actual presence of active THC in the system. Still, people with a high tolerance for THC have passed standard driving tests with extremely elevated levels of active THC metabolites. Marijuana DUII cases require an attorney who understands the nuances of the science behind these issues.
DUII Diversion Program
When convicted of a DUII in the State of Oregon, any qualifying individual has the right to enroll into a DUII Diversion Program. The program is a course that is taken to identify the problem leading to the arrest of a DUII and seeks to avoid this kind of behavior in the future. If one successfully completes the courses the charged individual will be excused from all charges, penalties, jail time, fines, and suspensions.
To qualify for Oregon’s DUII Diversion Program one must:
- Have no previous DUI offenses, including felonies and out of state charges, within the past 15 years
- Have not been involved in a previous diversion course within the past 15 years
- Have no criminal charges in the past 15 years, including murder, assault, etc.
- Not have been in possession of a Commercial Drivers License on the date of the charged DUI offense
- Not have been party to the injury or death of an individual on the date of the charged DUI offense
To complete the program one must pay all court fees, take part in a DUI victim’s impact panel, complete a urine test, complete a drug and/or alcohol assessment, pay for a ignition interlock device, and pay for any remaining treatment course as order by the court.
Why Choose Our Cannabis & Marijuana DUII Lawyer?
Hughes Law is an expert regarding all things cannabis and has the trail experience to see your case through to the end. We are currently offering discounted half-hour consults with those charged with or facing potential DUII charges related to cannabis. Your case may have issues that our firm can raise in the pre-trial stages or at trial. You may qualify for a diversion program that would keep the matter off your record. Practicing since 1999, we can review the facts of your case and help you decide the most prudent course of action. We are also offering affordable flat-fee rates for handling marijuana-related DUII cases in Oregon.