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Driving Under the Influence of Marijuana

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ccbarr

Junior Member
What is the name of your state? Oregon

My daughter was stopped and had less than an ounce on marijuana in her car - she blew a 0 on a breathalizer. The cop did a field test and said she had eyelid fluttering and something about how her tongue looked that they were sure she was under the influence of pot. They gave her a dui for this. She is a 16yr old juvenile. They did a urine test and sent to the crime lab. Can they tell from the urine test if she was under the influence or not. She swears she was not smoking pot that day at all. She was referred to juvenile court for this - what will happen - should we consult an attorney.
 


ccbarr

Junior Member
DUI-Marijuana

should we consult an attorney or just go to juv. court and let the judge do his thing - I want her to learn from this (hopefully) but have no idea whats coming next.
 

racer72

Senior Member
Pot will show up in a urine test up to 7 days after ingestion. Even if she didn't smoke that day, she could still end up with a positive test.
 

moburkes

Senior Member
Will an attorney change the outcome either way though? Do we need one to get through this??
You appear to be hell-bent on not hiring one. So, just don't. Come back and tell us the results. Good luck. Tell your daughter you will visit on the weekends.
 

ccbarr

Junior Member
Dui

Of course I don't want to if I don't have to - having never been through any of this before Im just trying to get some idea of what I should do.
 

moburkes

Senior Member
Of course I don't want to if I don't have to - having never been through any of this before Im just trying to get some idea of what I should do.
1. Hire an attorney.
2. Ground your daughter.
3. Allow her to leave the house for work and school only. 1/2 her payment goes towards paying you back for the lawyer's fees.
 

BigMistakeFl

Senior Member
BigMistakeFl

When you've been arrested for anything, you've entered a world where the laws were written by lawyers, are prosecuted and defended by lawyers, and the judge is a lawyer. Think of the lawyer as a tour-guide in a foreign country where you don't speak the language, don't know where you're going, and all the food looks icky.
 

bock10

Junior Member
When i got arrested for smoking all i got was a slap on the wrist but that is also in Pennsylvania. If this is her first offense she will get let off easy. The most that will happen is community service and loss of license for like 6 months or so(depending on the driving record). All that happened to me without a lawyer so that gives you an idea on what can happen.
 

>Charlotte<

Lurker
https://forum.freeadvice.com/showthread.php?t=362020

She's 16, and:

She was ticketed with DUI for marijuana --and--
She had an open container of alcohol in her car --and--
She was ticketed for having the pot within a school zone --and--
Failure to drive on the right side of the road --plus--
A charge of being out after curfew

Maybe it's just me, but I'd definitely hire an attorney.

And by the way....

This is her first offense for any of this
I hope you understand how likely it is that this is just the first time she got caught.

ETA: You should review what the Oregon DMV has to say about mandatory sentencing for first time convictions for 16 year old drivers.
http://www.odot.state.or.us/forms/dmv/37.pdf
 
Last edited:

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