Busted for Driving High in Oregon?
Legalization of marijuana does not make impaired driving legal
By Judy Malmon, J.D. | Last updated on January 19, 2023Use these links to jump to different sections:
Legalized recreational marijuana in Oregon has made its use more common. But, as with alcohol, its legality does not make it acceptable or safe to operate a vehicle while impaired.
“Under the Influence”
There are any number of circumstances where a driver may be suspected of impaired driving due to marijuana use, including a traffic stop for a moving violation, a stop at a DUI checkpoint, or a stop for a vehicle-related issue, such as a broken tail light. In any of these circumstances, a police officer may come to suspect the driver is under the influence from smelling or seeing pot or paraphernalia in the car, or from observing the driving patterns or appearance of the driver. Any of these can be considered evidence of impairment, giving rise to an officer’s reasonable suspicion. A citing officer may perform a field sobriety test, or seek assessment from an officer trained as a Drug Recognition Expert (DRE) regarding a driver’s state. A DRE is trained to examine for specific signs of drug-related impairment, and their observations can be used as evidence to support a drug-related DUI charge. However, there is a significant question as to the accuracy of a DRE’s findings, making it critical that you have an experienced DUI attorney assist you if you’re charged with an offense. If arrested, the driver will be given a urine test to determine the presence and level of THC in their system (Oregon rarely uses blood tests, which is the only scientifically recognized way to test the amount of THC currently in one’s body). Under Oregon’s implied consent law, if you refuse to submit to being tested, you’ll automatically have your license suspended. The mere presence of cannabis metabolites in your urine, in conjunction with an officer’s reasonable suspicion of recent use, is enough to result in criminal charges.Disputing Presented Evidence
Because the presence of THC remains in your urine for as much as two weeks after smoking or consuming, and there is no consensus as to what quantity would constitute impairment, the findings of a urine test don’t conclusively show that a driver was under the influence of the drug at the time they were driving. If you’re arrested for DUI marijuana, having an attorney assist you in challenging the evidence of impairment can make a huge difference to the outcome of your case. An attorney can raise challenges as to:- The conclusiveness of any test-related data
- The manner in which the test itself was conducted and its results handled
- The appropriateness of the traffic stop
- Other procedural issues related to your arrest and the evidence presented
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