Driving Under the Influence of Marijuana in Oregon

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Driving under the influence of marijuana is a crime in Oregon. This article explains the penalties imposed for DUI violations, but other laws regarding marijuana possession may also apply to drivers and passengers. Also, while Oregon allows medical marijuana use under limited circumstances, it is still a crime to drive after such use. (Or. Rev. Stat. Ann. § 813.010.)

For information about how Oregon treats marijuana possession, sale, and manufacture, see Oregon Marijuana Laws.

To learn about Oregon's medical marijuana laws, see Oregon Medical Marijuana Laws.

Driving Under the Influence of Marijuana

It is illegal to drive a vehicle while under the influence of marijuana, alcohol, other drugs, or a combination of substances. When alcohol is involved, a blood alcohol level of 0.08 percent of the driver's blood, by volume, will conclusively establish that the driver is under the influence (if the level is less, the prosecutor can still point to the driver's actions to prove that he was under the influence).

When marijuana is involved, however, any amount of marijuana that was in the driver’s blood or urine while he was driving will establish that the driver was under the influence. (Or. Rev. Stat. Ann. § 813.010.)

Penalties for Driving Under the Influence

Penalties vary according to whether the offense is a first of subsequent conviction, with additional penalties for offenses that occur when a minor is in the vehicle. The judge may also order community service in addition to any of the penalties described below. (Or. Rev. Stat. Ann. § 813.010.)

  • First conviction. Penalties include a fine of between $1,000 and $6,250, at least 48 hours (and up to one year) in jail, or both; and at least 30 days of driver’s license suspension.
  • Second conviction. Penalties include a fine of between $1,500 and $6,250, at least 48 hours (and up to one year) in jail, or both; and at least 60 days of driver’s license suspension
  • Third conviction. Penalties include a fine of between $2,000 and $6,250, at least 48 hours (and up to one year) in jail, or both; and at least one year of driver’s license suspension.  
  • Fourth and subsequent convictions within ten years. Penalties include a fine of between $2,000 and $125,000, up to five years in prison, or both; and at least one year of driver’s license suspension.  

An Important Note on Local Legal Representation

If you have been charged with a marijuana-related driving offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.

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