Medical marijuana is legal in Oklahoma, but there is still confusion about marijuana and driving. While using medical cannabis is permitted, operating a motor vehicle while impaired by marijuana is illegal. Does this fall under the category of driving under the influence?
Here is what you need to know about what counts as a DUI in Oklahoma so you can stay on the right side of the law.
Oklahoma’s DUI Laws
Many people believe that driving under the influence is just limited to alcohol, but that is not the case.
Under Title 47 § 11-902 of the Oklahoma Statutes, it is a criminal offense to operate a motor vehicle while under the influence of alcohol, any intoxicating substance, or a combination of both. In these cases, it does include marijuana, even if the person possesses a valid medical marijuana license.
There is also a distinction between being “under the influence” and having a large amount of a substance in one’s system. In the Sooner State, the presence of any detectable amount of a Schedule I controlled substance can be grounds for a DUI unless a valid medical marijuana card authorizes the use. However, even with a medical card, impairment remains a factor to be arrested.
What Is Impairment-Based DUI?
Once arrested, a driver may be required to submit to chemical testing. This is done through a blood or urine sample. If you refuse a chemical test, you could face serious consequences under Oklahoma’s implied consent law, including immediate license revocation.
Keep in mind that THC metabolites can remain in the body for days or even weeks after use. This is after the intoxicating effects have worn off. However, testing positive for THC does not necessarily establish impairment unless accompanied by other evidence.
With that, Oklahoma law focuses on impairment. In these situations, the law enforcement officer must rely on:
- Observed behavior
- Field sobriety tests
- Drug Recognition Expert (DRE) evaluations
These are all used to determine if a driver is under the influence of marijuana.
Some observed impairment can include:
- Erratic driving behavior
- Slurred speech or delayed responses
- Bloodshot eyes or the smell of marijuana
- Admissions of recent use
- Poor performance on field sobriety tests
If an officer determines that a driver is impaired due to marijuana, the individual may be arrested and charged with DUI. Yes, this can happen even if you have a medical marijuana license.
Medical Marijuana Patients
Registered medical marijuana patients are given protection under Oklahoma law. However, these do not extend to driving while impaired. A medical marijuana license does not allow a person the right to operate a vehicle while under the influence of cannabis.
However, medical marijuana users may challenge DUI charges, especially if they are based on the presence of THC in their system without evidence of impairment.
Under these circumstances, it is possible that the residual THC detected in a chemical test does not reflect current intoxication. With that, it should not result in criminal charges unless there are other signs of impaired driving.
Legal Defenses and Your Rights
Anyone charged with a marijuana-related DUI should consult with a skilled defense attorney. When you work with them, they can evaluate the legality of the traffic stop, the reliability of field sobriety tests, and the validity of chemical testing procedures. Your charges may be reduced or even dismissed if there is insufficient evidence of impairment.
Medical marijuana users have grounds to challenge charges. The prosecution needs to show actual impairment rather than the presence of THC.
Stay Legal on the Road
While Oklahoma allows the legal use of medical marijuana, driving under the influence of cannabis is a prosecutable offense. What counts as a DUI? There is no “safe” amount of marijuana use before driving. If you have used any products, you need to use caution before getting behind the wheel.
If you or a loved one has been charged with a marijuana DUI, you can get the right help. Reach out to Brune Law to get the right support for your case. We can help answer questions about medical marijuana in the state. Schedule a consultation by calling 918-380-3628.