Oklahoma's Oldest DUI Defense Firm

Attorneys Stephen G. Fabian Jr. and Brian P. Young

Driving under the influence of drugs

On Behalf of | Oct 18, 2021 | DUI - Drunk Driving |

Driving under the influence of alcohol or drugs is illegal in Oklahoma. Even if a drug is legal, or you have a prescription for it, it may impair your driving. You may also become impaired if you take two drugs at the same time that don’t mix well.

Drugged driving statistics

Car accident data shows that more than half of drivers who are involved in fatal crashes tested positive for at least one drug. A National Highway Traffic Safety Administration, or NHTSA, roadside survey that was conducted between 2013 and 2014 showed that 1 out of 5 drivers had at least one drug in their system.

While any drug is potentially impairing, testing positive for a drug does not necessarily mean a driver is impaired. If a driver is charged for DUI based on a failed drug test, the person may argue that he or she took the drug days before driving and were no longer impaired by it.

Increase in marijuana use

The NHTSA survey found that there was a 48% increase in marijuana use among drivers between 2007 and 2014. When drivers were tested for marijuana in 2007, researchers found that 8.6% of drivers had marijuana in their system. The 2013-2014 survey showed that 12.6% of drivers tested positive for marijuana. Researchers only tested drivers on weekend nights for the survey. However, people can still test positive for marijuana several days after using it.

Defense against impaired driving charges

If you are being charged for driving under the influence of a drug, you may be able to argue that you were not impaired. Some mistakes can happen during the testing process that could render the drug test inadmissible in court.