Many states have legalized the use of marijuana in some form or another. Accepted usage in these states ranges from medical purposes only to the legal possession of small quantities for recreational use. In Oklahoma, however, the possession, distribution or sale of marijuana remains strictly illegal.
Its legality aside, many drivers are concerned about the legal consequences for driving when under the influence of marijuana. Read on to find out how Oklahoma deals with marijuana usage as it relates to driving and to find out if you can get a DUI for driving under the influence of marijuana in Oklahoma City.
Driving Under the Influence of Marijuana in Oklahoma City
A new law that went into effect on October 1, 2013 in Oklahoma is primarily aimed at drivers who are found to have marijuana in their system. The law will give drivers a DUI if they have even trace amounts of any Schedule I drugs in their system, which includes drugs such as marijuana, heroin, lsd, ecstasy and bath salts. The law makes it illegal for you to drive in Oklahoma if you have 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.
Penalties For Driving Under the Influence of Marijuana in Oklahoma City
While this “zero tolerance” law is notably aimed at keeping those who are intoxicated with illegal drugs off of Oklahoma roads, the way the law is written could also punish drivers who have legally used marijuana in another state and then returned to Oklahoma weeks (or even months) later with traces of marijuana still in their system.
If found to be driving under the influence of marijuana, or any other Schedule I drug, you will be Charged with DUI-D and be subjected to the following penalties, if convicted:
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First offense: Mandatory drug/alcohol testing; a minimum of ten (10) days and up to one (1) year in jail; a fine of up to a thousand dollars ($ 1,000.00).
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Second offense (within a ten (10) year period): You will be charged with a felony and be imprisoned for a minimum of (1) year and up to five (5) years; and a fine of up to two-thousand five hundred dollars ($2,500).
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Second felony Conviction: Mandatory drug treatment at your own expense; two hundred forty (240) hours of community service; installation of an ignition interlock device on your vehicle; OR imprisonment for a minimum of one (1) year and up to ten (10) years; and a fine of up to five thousand dollars ($ 5,000.00).
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Third or subsequent felony DUI conviction: a minimum of one (1) year being supervised by the Department of Corrections and regular drug testing at your expense; four hundred eighty (480) hours of community service; installation of an ignition interlock device on your vehicle for no less than thirty (30) days; OR imprisonment for a minimum of one (1) year and up to twenty (20) years; and a fine of up to five thousand dollars ($ 5,000.00).
Furthermore, if you are eighteen (18) years of age or older and have someone under the age of eighteen (18) years of age in the vehicle at the time of your arrest, any fine you receive will be double the amount you would regularly have received for the conviction.
Consultation: Oklahoma City DUI Attorney
For a consultation with an OKC DUI attorney, call the Wirth Law Office- Oklahoma City Attorney at (405) 888-5400. You can also submit an email question from the top right corner of this page. We will respond as quickly as possible to all questions.
