Ever since October 1st, of 2015, the possession, sale, and consumption of both medical and recreational marijuana has been legal in Multnomah County.
But, despite this being the case, driving while under the influence of marijuana remains illegal.
If you fail a field sobriety test or DRE test, you can be charged with a DUI.
Being Suspected Of Committing A Marijuana DUI Offense
The state of Oregon allows police officers to stop you if they have reasonable suspicion that you are committing a marijuana DUI. Reasonable suspicion is granted by actions such as:
- Driving down the center of the road
- Illegal turns
- Erratic drifting
- Drifting between lanes
- Just barely missing other vehicles
If a police officer sees you performing these actions, they have a reasonable suspicion that you are committing a DUI offense. This allows them to stop you and conduct a field sobriety test.
A field sobriety test often requires you to:
- Walk with one foot in front of the other
- Balance on one leg
- Pivot their body
- Touch one finger to their nose
Should you fail this test, the police officer will have obtained probable cause and can, therefore, arrest you.
While in custody, you may be subjected to a test conducted by a Drug Recognition Expert.
If you fail this test, or confess, then you case will be sent to a prosecutor.
The prosecutor who receives your test may, or may not, lead to charges being pressed.
Many question the accuracy of DRE test results. By hiring a DUI attorney, you can dispute the results of your test.
The Penalties For A Marijuana DUI In Multnomah County
No matter what county you live in, a DUI charge comes with the same penalties found across the state of Oregon.
But, that being said, every penalty differs slightly, depending on the number of prior offenses that have been committed.
- First Offense – A class A misdemeanor with a minimum of 48-hours in jail and a maximum of 1-year in jail; a minimum fine of $1,000 and a maximum fine of $6,250; up to 160-hours of community service; a minimum 30-day license suspension
- Second Offense – A class A misdemeanor with a minimum of 48-hours in jail and a maximum of 1-year in jail; a minimum fine of $1,000 and a maximum fine of $6,250; up to 160-hours of community service; a minimum 60-day license suspension
- Third Offense – A class A misdemeanor with a minimum of 48-hours in jail and a maximum of 1-year in jail; a minimum fine of $1,000 and a maximum fine of $6,250; up to 160-hours of community service; a minimum 1-year license suspension
- Fourth Offense – A class C felony with a maximum of 5-years in jail; a minimum fine of $2,000 and a maximum fine of $125,000; a minimum 1-year license suspension
No matter the number of prior offenses, being charged with a DUI guarantees that you will spend a period of time incarcerated, pay a fine, and have your license suspended.
Obtaining Legal Help
A DUI charge in the state of Oregon can, and will, impact your future.
If you are facing a marijuana DUI charge, and live in Multnomah County, please contact the legal offices of DUI attorney Marcus Whitman.
We will clarify your rights, outline the legal options available to you, and develop a plan that assists you in achieving the best possible outcome.