What Factors Can Enhance Or Aggravate A DUII Charge?

If your blood alcohol level says that you are above a 0.15%, you face an additional $2,000 in fines for an aggravated DUII. For instance, if you have a minor in the car, that is not smart idea. You are going to face a higher penalty. If you possess a commercial driver’s license, you take yourself out of the employment world with any potential diversion programs, because this disqualifies you. If you caused substantial physical harm to anyone, or a fatality while driving under the influence, that could also take you out of the running for a diversion program. It would be considered an aggravating factor in the type of punishment you receive from the court system.

What Sets You Apart In Handling DUII Cases In Oregon?

I have worked on hundreds of DUI cases. I am well versed, especially because we are one of those states that have legalized marijuana, and recreational marijuana use. We are in this kind of bubble. How do we treat people suspected of driving under the influence of marijuana, and does marijuana make it difficult for some of these rights? Is there actual evidence of that, what level of intoxication have you reached using marijuana? I think jurors look for is what is the equivalent of 0.08% alcohol versus marijuana use. There is no science. The NHTSA (National Highway Transport Safety Administration) stopped funding to test the ways that marijuana affects someone’s’ driving abilities, there was not enough evidence at this time.

If anything, people who smoke marijuana seem to show they do not mix the two. If they do not have any mental conditions, they tend to be drivers that are more cautious. If anything, you are a bit more paranoid when you drive. People who use marijuana for medical reasons know the effects of marijuana, and what it does to their system.

Just because you have smoked marijuana, or appeared stoned, does not mean you are not able to drive, this is just my opinion.

The state wants to say, “I smell an odor of marijuana and this person looks like they got a little bit glassy eyed, therefore I am just going to assume that they are unable to drive”. The field sobriety tests, were designed to detect somebody’s ability to drive under the influence of alcohol does not necessarily transfer to marijuana. There are many different issues to explore with marijuana. One thing that is interesting, in Oregon the only way we use to detect the presence of marijuana in somebody’s system is the urinalysis test. When you provide urine specimen, and sent to the forensics laboratory, duly note that marijuana stays in your urine for a long time, so their ability to pinpoint how much you smoked, or ingested, is very difficult for the state to predict. I find those cases interesting on marijuana DUIs, and the combination of alcohol and marijuana DUIs.

For more information on Enhanced Or Aggravated DUII Charges, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (503) 345-7488 today.

Shannon I. Wilson, Esq.

Get your questions answered - Call to schedule an initial strategy session (503) 345-7488.

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