For some lawyers, there are few cases more rewarding than defending a person who has been accused of Driving Under the Influence of an Intoxicant, particularly when the intoxicant in question is marijuana.
Generally, the probability of prevailing in a marijuana DUI case -- for some lawyers -- is relatively high.
This is because the police have devoted untold resources to developing tests and procedures to investigate drivers who are suspected of being under the influence of alcohol. The validity of these tests is questionable when police use them to try to establish that a person is "under the influence" of marijuana.
As we all know, recreational marijuana use is legal in Oregon. However, driving under the influence of an intoxicant is not.
Police are still stopping, investigating and arresting drivers they suspect of being under the influence marijuana.
It makes little sense, but the procedures that police use to prove a driver is under the influence of marijuana are the same "standardized field sobriety tests" that police use to prove a driver is under the influence of alcohol.
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