In Oregon, you can be charged with driving under the influence of intoxicants (DUII or DUI) if you have drugs in your system such as marijuana or even legally prescribed medications. Due to zero-tolerance laws, a traffic stop in Oregon can lead to serious criminal charges if you have drugs in your system.
I am Portland drug DUI defense attorney Andy Green. As a former CLS prosecutor for the Multnomah County District Attorney’s Office in Oregon, I know how the state handles drug-related DUI cases. This puts me in a good position to identify defenses.
What if I Smoked Only a Small Quantity of Marijuana?
The test that is used to measure THC in your bloodstream does not give a quantifiable amount. Any TCH in your system can lead to DUI charges. Since THC remains in your system for several weeks, you can be charged with DUI if you smoked marijuana in the past month. One possible defense I can raise as your lawyer is that the state can’t prove when you smoked.
What I Used Prescription Medications?
Prescription drug-related DUI cases may involve prescription painkillers such as Vicodin, Oxycontin and Hydrocodone. Sleep medications such as Ambien have resulted in some people being arrested for “sleep driving.”
Just because you tested with drugs in your system does not mean the state can convict you of DUI. One possible defense is that you were taking prescribed medications. If you were arrested for sleep driving, the state may have difficulty proving that you intended to drive while you are sleep. As your lawyer, I can also challenged probable cause for making the traffic stop and police conduct at the scene.
It’s always best to discuss your case with an experienced Portland drug-related DUI/DUII defense lawyer. For a free initial consultation, call or contact me online. I serve clients throughout Oregon.