The crime of driving under the influence can involve more than just alcohol. Drugs and marijuana can come into play too, said Tulsa DUI defense attorney Stephen Cale. 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 constitute an attorney-client relationship. If you or someone you know is facing DUI Drugs charges, call the Cale Law Office at 918-277-4800 for a free initial consultation. Or, contact us through the web.
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 speaking, 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.
See related article: Can I Refuse A Blood Or Breath Test For DUI Or APC?
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. So, you’ll want to be sure get hire an experience DUI attorney.
Next, let’s look at whether it matters if you can legally use or possess marijuana.
Related article: DUI Checkpoints in Oklahoma
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 immediately after using marijuana. Marijuana doesn’t affect everyone the same. However, everyone can agree that driving while impaired is dangerous.
Working With Cale Law Office
It is crucial to consult with a legal professional or refer to the latest Oklahoma state laws to ensure you have the most up-to-date and accurate information regarding driving under the influence of drugs in the state.
The Cale Law Office is dedicated to the practice of medical marijuana law and criminal defense. Our mission is to achieve the best possible results for our clients through hard work and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards.
We have helped numerous people in the medical marijuana industry and those who need to fight a criminal charge. If need legal representation, call the Cale Law Office at 918-277-4800. Or, contact us through the web. Your initial consultation is free.
Serving clients throughout Northeastern Oklahoma, including Tulsa, Washington, Nowata, Rogers, Craig, Okmulgee, Creek, Pawnee and Osage counties.