The crime of driving under the influence can involve more than just alcohol. Drugs and marijuana can come into play too. Here is a general overview of six things Oklahoma marijuana consumers should know about DUI drugs laws.
The following is for educational purposes only, is not legal advice, and does not establish an attorney-client relationship. If you are facing criminal charges, contact an attorney.
It’s important for Oklahoma medical marijuana consumers to understand laws regarding driving under the influence of drugs (DUI Drugs). so, let’s take a look at some key points to know:
1. DUI Drugs Laws
Oklahoma has laws that prohibit driving under the influence of any intoxicating substance, including marijuana. It is illegal to operate a motor vehicle while under the influence of drugs that render you “incapable of safely driving.” Okla. Stat. Tit. 47 sec. 11-902(A)(4).
Additionally, the law makes it illegal for a person to operate a motor vehicle if the person : 1) has any amount of a Schedule 1 chemicals or drugs (or their metabolites or analogs); 2) in the person’s blood, saliva, urine or any other bodily fluid; 3) at the time of testing such person’s blood, saliva, urine or any other bodily fluid; and 4) the test was administered within two (2) hours after the person’s arrest. Okla. Stat. Tit. 47 sec. 11-902(A)(3).
On the federal and state level, drugs are divided into categories, or schedules. Schedule 1 substances are defined as drugs with no currently accepted medical use and a high potential for abuse. Now, let’s see how the law applies to persons under 21 years old.
2. Zero Tolerance for Persons Under 21
Oklahoma has a zero-tolerance policy for any detectable amount of THC in the blood or urine of drivers who are under the age of 21. Consequently, this means that if you are under 21 years old and have any THC in your system while driving, you can be charged with DUI. Okla. Stat. Tit. 47 sec. 11-906.4.
3. Implied Consent
In Oklahoma, by obtaining a driver’s license, you have given your implied consent to undergo a blood, breath, or urine test if you are lawfully arrested for DUI. Generally, you have the right to refuse a test, but doing so can result in penalties, such as the suspension of your driver’s license. Additionally, law enforcement can force a test with a search warrant or if they have probable cause to believe that you’ve caused serious injury or death while driving under the influence. In some instances, an attorney can challenge the legality of the search warrant or probable cause.
4. Penalty for DUI Drugs
If you are convicted of DUI Drugs in Oklahoma, the penalties can include jail or prison time, fines, license suspension, mandatory drug and alcohol assessment, and completion of a substance abuse treatment program. The severity of the penalties increases with subsequent DUI convictions.
For a first-time offense, the penalty is 10 days to one year in jail and/or a fine of up to $1,000. However, most cases are settled with a plea deal providing for probation and a lesser fine.
Next, let’s look at whether it matters if you can legally use or possess marijuana.
5. Oklahoma Medical Marijuana Patient Card | No Defense
Having a valid medical marijuana card does not provide immunity or protection against DUI Drugs charges. It is important to remember that even if you are using marijuana for medicinal purposes, you must still comply with Oklahoma’s DUI laws.
6. Driving Safely
The best practice for medical marijuana consumers is to avoid driving if under the influence. Marijuana doesn’t affect everyone the same. However, everyone can agree that driving while impaired is dangerous.
Q: What kind of cases does Stephen Cale handle?
A: Criminal charges from city tickets, to misdemeanors, and felonies; Probation violations (Applications to Acceleration or Motion to Revoke); Expungements; and Driver’s license revocation hearings. The firm also defends against civil asset forfeitures.
From Stephen Cale, “As a side note, my practice focuses on criminal defense and medical marijuana law. I’ve been practicing since 1999.”
The Law Offices of Stephen Cale624 S. Denver Ave., Suite 300