[Laneco]

Alcohol is legal to drink, even to have in your system while you drive but not over a certain limit or at any point which impairs you. So if you had a single beer and did a breath test (or saliva, etc) it would record that you had alcohol in the system. But below a certain point, barring any other impaired actions - you would not be cited.

I suspect the pot is the same thing. If your actions appear impaired and the test confirms the presence of the drug - then you're considered impaired. There might even be a cutoff reading for the test such as "below this point - you smoked - but not impaired" etc.

The thing that makes dope different is that unlike alcohol, meth and heroin, which are basically out in 24 hours or less, marijuana does build up. If you are a chronic user, you can test positive for a month after you quit. Seriously.

I am dead set against driving impaired, whether that is from alcohol, pot, or even prescription medications. But if your friend was not truly impaired, in a state such as Oregon where the use is legal, then indeed it is time to lawyer up.

On the other hand, if he was driving while he was high, then shame, shame on him.

angela