DUI Drugs in Oklahoma
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Know your Rights in DUI Drug Charge
It is important to know your rights and retain an Oklahoma DUI Defense Attorney if you or a loved one is charged with DUI Drugs in Oklahoma. When arrested for DUI Drugs or facing criminal charges for any DUI, my clients are often focused on the immediate fear of jail time. However, it is equally important to weight your defenses and rights in your Oklahoma DUI case.
Any experienced DUI Drugs Lawyer in Oklahoma can tell you a DUI arrest does not equal a DUI conviction. You have the ability to fight your case and defend your driving privileges to try and avoid the stiff penalties for an Oklahoma DUI, which includes difficult probation, heavy fines, driver’s license suspension, and potential jail time. In order to fight your case, you need a strong defense.
What should I do during DUI Drug traffic stop?
When an officer smells the odor of marijuana, the officer can conduct Field Sobriety Tests (“FSTs”) or arrest you for DUI Drugs, as Oklahoma has a per se DUI Drug policy or no tolerance policy. Basically, you can be arrested for DUI Drugs for any marijuana in your system. You should exercise your right to remain silent and not tell police that you have smoked marijuana or when you last smoked marijuana.
What Does DUI Drug mean in Oklahoma?
Anyone with stopped for DUI with even a negligibly trace amount of a controlled dangerous substance or marijuana has committed Driving under the influence of drugs under Oklahoma law. Officers now receive routine training on the identification and investigation of the effects of drugs on drivers, including the effects of marijuana. The attention given to this area by law enforcement is largely due to the increase in the use of prescription drugs and medical marijuana by the average citizen.
In fact, the Oklahoma Board of Tests for Alcohol and Drug Influence has approved a screening device for officers in the field to test driver’s saliva for the presence of drugs. Oklahoma Statutes Title 47 Section 11-902 makes it illegal to drive under the influence of any controlled dangerous substance or any intoxicating substance. Additionally, the statute makes it a DUI Drug to drive under the influence of any combination of drugs or alcohol. Specifically, OKLA. STAT. tit. 47 § 11-902 states:
The fact any person charged with a violation of this section is or has been lawfully entitled to use alcohol or a controlled dangerous substance or any other intoxicating substance shall not constitute a defense against any charge of violating this section.
OKLA. STAT. tit. 47 § 11-902(B)(emphasis added)
What about DUI Marijuana with a license?
It is illegal to drive in Oklahoma with any amount of marijuana in your system; regardless of how much or how little is in your system; regardless of the fact you have a valid prescription for medical marijuana. The current per se violation of the DUI Drug statutes makes it crucial to know your rights and have competent representation from an experienced DUI Drug defense lawyer.
Despite now having the legal right to possess and consume marijuana with a license. Oklahoma State Question 788 (“SQ 788”) gave Oklahomans a legal avenue to possess and consume marijuana; however, it is illegal to drive with any marijuana in your system. OKLA. STAT. tit. 47 § 11-902 states:
A. It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, . . .
3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person’s blood, saliva, urine or any other bodily fluid at the time of a test of such person’s blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;
OKLA. STAT. tit. 47 § 11-902(A)
When facing a DUI Drug, APC, or similar charge, it is important to know your chosen DUI defense lawyer is versed in all the defenses available to you and your case. Your driver’s license, your future, and your freedom depend on experienced DUI defense. Hopefully, this page has helped you understand the current Oklahoma Law.
Experienced DUI Defense Lawyer in Oklahoma
Contact CANNON & ASSOCIATES in Oklahoma City for your DUI or APC defense. You have the right to the presumption of innocence. John Cannon is a Fierce Advocate for every client and will use his experience and respected reputation to do everything possible to reach the best possible outcome in your DUI or APC case. A conviction for DUI or APC may have long lasting effects and penalties. John has been recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association.
Contact CANNON & ASSOCIATES if you have been charged with DUI Drugs, DUI, APC, Aggravated DUI, DWI, or DUI under 21 in Oklahoma. CANNON & ASSOCIATES has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges in Oklahoma, including DUI Drugs, evidenced by John receiving the highest possible AVVO rating – 10 (superb). Call our office at (405) 657-2323 for a free confidential consultation and case evaluation.