Oklahoma's Oldest DUI Defense Firm

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

What you need to know about cannabis DUI charges in Oklahoma

On Behalf of | Oct 12, 2022 | DUI - Prescription Drugs |

Marijuana DUIs are a tricky subject, both in Oklahoma and the rest of the country. The laws are still evolving, arrest policies aren’t uniformly enforced and cases that make it to trial can go either way depending on the judge.

Here’s a quick breakdown of cannabis DUI situations in Oklahoma.

The flaws of DUI tests

The primary flaw in cannabis DUI testing is that while tests detect cannabis metabolites in your system, they do not indicate how long ago they entered your system. Cannabis metabolites can sometimes stay in your system for weeks after you last used cannabis products. To make matters worse, it’s possible to test unusually high for cannabis metabolites even when you barely feel inebriated.

The possibility of testing positive and later being convicted of a DUI even when you feel fine makes life especially perilous for medical marijuana users.

Possible consequences for a DUI conviction

Though sentencing has become more reasonable in some places, potential punishments for a cannabis DUI remain severe. These include jail/prison, fines, probation, community service and a suspended license.

The more serious punishments tend to be in cases involving accidents with injuries or deaths, prior offenses and tests showing especially high cannabis metabolites in your system.

Avoid being pulled over

With the many flaws in DUI tests stacked against you, your best defense is not to draw attention to yourself while on the road. We recognize that low-profile driving is easier for some people than others, but you can take steps to be less noticeable. These include strictly obeying driving laws, ensuring your tabs are updated, having functioning headlights and brake lights and not having items hanging from your review mirror.

You should avoid smoking marijuana in your car, even if you’re just a passenger or the vehicle is parked, so telltale smells don’t attract attention later.

If you are pulled over, do not volunteer any information about possible marijuana use, even if you have a valid medical marijuana card.

What to do if you are arrested for a cannabis DUI

Again, DUI tests for marijuana impairments are riddled with possible shortcomings and errors, which means the right lawyer will have a large toolbox of defenses. If you are arrested, stay calm, admit to nothing and call an attorney.