MARIJUANA DUI DEFENSE ATTORNEY
Serving All of Oregon – Portland – Beaverton – Gresham
Marijuana Laws in Oregon
According to current marijuana laws in Oregon, it is legal to possess and use marijuana, however, it is still illegal to operate a motor vehicle while under the influence of marijuana. That means you will face charges in Oregon if you are caught operating a motor vehicle while under the influence of marijuana.
Marijuana DUI vs. Alcohol DUI
The drug and marijuana laws in Oregon mandate that it is illegal to drive while under the influence of alcohol, marijuana, other narcotics, or a combination of any of these substances. While each state’s legal blood alcohol concentration (BAC) varies, in Oregon, a person is considered to be intoxicated if his or her BAC level is 0.08%.
However, unlike the laws pertaining to alcohol, marijuana laws in Oregon state that any amount of marijuana found in the driver’s urine or blood while he or she was operating a car, in conjunction with a drug recognition evaluation, will establish that the driver was under the influence.
Penalties for Driving under the influence of Marijuana in Oregon
Just like DUI alcohol, driving under the influence of marijuana in Oregon penalties vary depending on whether the offense is a first or subsequent conviction. In addition, there are other penalties that may apply if there is a minor in the vehicle at the time of the infraction, and while the penalties are listed below, keep in mind that a judge may order community service hours in addition to the following penalties:
- First conviction: Penalties include at least 48 hours (and up to one year) of incarceration, a fine between $1,000 and $6,250, or both; and driver’s license suspension of at least 30 days.
- Second conviction: Penalties include at least 48 hours (and up to one year) of incarceration, a fine between $1,500 and $6,250, or both; and driver’s license suspension of at least one year.
- Third conviction: Penalties include at least 48 hours (and up to one year) of incarceration, a fine between $2,000 and $6,250, or both; and driver’s license revocation.
- Prior felony conviction or Four and more convictions within 10 years: Penalties include up to five years of incarceration, with a mandatory 90 day sentence, a fine between $2,000 and $125,000, or both; and driver’s license revocation.
A conviction in another jurisdiction can and most likely will be used by prosecutors when counting the number of prior convictions you have.
Are You Facing Marijuana DUI or related Charges in Oregon?
If you or someone you love has been charged with a marijuana-related driving offense, consider working with an experienced criminal defense attorney to learn more about your rights. At Robert L. Sepp, Attorney at Law, we work diligently to explore all available avenues that can help us build a solid defense. While the consequences and penalties of marijuana charges in Oregon are governed by statutory law, we can help to answer any questions you have, strive for a dismissal, and aggressively defend your case.
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