DUII and Marijuana

Oregon_DMV
Now that steps are being taken towards the legalization of marijuana in the state of Oregon there are things you need to know about DUIIs and how things change with marijuana in your system. There are differences between a DUII after you have been drinking and a DUII if you have been smoking marijuana. The best way to avoid getting a DUII is to never drive while under the influence of drugs or alcohol. This includes marijuana, even once it’s legalized. Much like driving under the influence of alcohol, even though it is legal to drink if you are of age, it is not legal to drive once you are under the influence.

There are levels of intoxication, based on your blood alcohol content, that help authorities decide whether or not you are a danger to yourself and others once you are behind the wheel. That BAC level is .08% or higher in the state of Oregon. If you are at that percentage or above it you will likely get a DUII. It is even possible that you could be under the legal blood alcohol content level and you could still receive a DUII. Now that marijuana has been legalized it is important to know what effect that will have on driving under the influence.

When it comes to driving under the influence of marijuana, if you are pulled over and police think you are under the influence of marijuana, and you have given them probable cause, they can arrest you. To prove that you had marijuana in your system they will need to run a blood or urine test. When these results come back, if you have ANY marijuana in your system, even small amounts, it is considered a DUII. There is not a baseline that you can stay under to still legally be able to drive, like there is for alcohol with the blood alcohol content.

The penalties for driving under the influence of marijuana are similar to driving under the influence of alcohol. A first offense will include a fine up to $6,250, up to a year in jail, and a 30-day license suspension. Your second offense will net you similar penalties along with a 60-day license suspension, and after your third offense your license will be suspended for a year. If you receive a fourth DUII under the influence of marijuana you are looking at up to $125,000 in fines, five years in prison, and at least one year of license suspension.

Even though marijuana is going to be legalized, it does not change the consequences of a DUII if you drive after using marijuana. Looking at the facts, it appears as though the law is actually harsher on those who get behind the wheel after lighting up. This has a lot to do with the fact that marijuana can and does affect everyone differently so it is safer to not get behind the wheel after you have been smoking. Otherwise, you run the risk of losing your license and facing hefty fines.

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