Can I Be Charged With DUI Marijuana in Oklahoma?


DUI marijuana in Oklahoma is a crime. Recreational use of cannabis or marijuana is illegal in Oklahoma. Medical use of marijuana in Oklahoma is allowed with a medical marijuana patient license. But even those who lawfully possess marijuana for medicinal purposes cannot use it and then drive if doing so will impair their judgment. Over the past several years the Oklahoma Department of Motor vehicles reports an uptick in accidents that are the result of DUI. This includes accidents associated with DUI alcohol and DUI drugs. As a result both State and City law enforcement through DUI interdiction teams have been pulling over and arresting more drivers for intoxicated driving.

What If I Am Pulled Over Smoking Medical Marijuana In Oklahoma?

If you are caught smoking marijuana while driving, you will likely be arrested for possession of marijuana and impaired driving. This also includes the crime of APC DUI. If you have a medical marijuana license, you will probably not face any possession charges. However, you will likely face charges for impaired driving.

In Oklahoma, it does not matter if you are acting as though you are under the influence or if your reactions and judgment are compromised. What matters is whether there is any amount of THC in your body. THC and its metabolites can remain in your system long after the effects of a “high” wear off. THC can be detectable for hours, days, or, for long-term users, even weeks after the effects have worn off. Therefore, simply not feeling intoxicated is not a defense to a marijuana DUI in Oklahoma. If you have THC in your system, you will likely be charged with a marijuana DUI regardless of whether you have a patient license to use this substance for medicinal purposes.

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Ways To Avoid Being Charged With Marijuana DUI In Oklahoma?

If you choose to use marijuana in Oklahoma, the best way to avoid being charged with a marijuana DUI is to avoid being pulled over in the first place. If you’re using medical marijuana for medicinal purposes, you’ll want to speak with your healthcare team about how long you should refrain from driving after using marijuana. You’ll also want to discuss the risk of THC remaining in your bloodstream long after use.

All motorists can reduce their risk of being pulled over by obeying all traffic laws, ensuring their license plate registration is kept up to date, and periodically checking that all vehicle lights are working properly.

If you do find yourself pulled over in Oklahoma, it is best not to mention marijuana at all. Do not offer the information that you have a medical marijuana card. Its not uncommon for suspects in any crime to talk themselves into a problem. Say as little as possible and this will go along way in your case. The key is to remember that you can be charged for a marijuana DUI even if you have a medical marijuana card. A medical marijuana card gives you the right to smoke marijuana but not to drive while smoking or under the influence of marijuana.

Some Consequences Of Marijuana DUI Conviction In Oklahoma

Even your first marijuana DUI can result in serious penalties. You may face a $1,000 fine and up to one year in jail. Because DUI in most states is a predicate offense. This means a second and other subsequent convictions have enhanced penalties as the result of the prior conviction. The prior conviction enhances the second offense if the prior offense is within 10 years of the last offense. A second offense is a felony and may result in up to $2,500 in fines and up to five years in prison.

A third conviction for marijuana DUI is even more serious. It may result in a fine of up to $5,000 and 20 years behind bars. Even after release, you will face at least one year of DA supervision. This probation period may require community service, including drug testing (at your expense), over 400 hours of community service, and a requirement to install an ignition lock on your car (also at your expense).

Tulsa DUI Attorneys Near You

If you have been charged with driving under the influence of marijuana, contact the Tulsa DUI criminal defense attorneys at Kania Law Office by calling 918-743-2233 or filling out our online form right away. Our Tulsa attorneys are highly trained and experienced in defending the rights of individuals who have been charged with impaired driving offenses. We understand what it takes to minimize the risk of a conviction whenever possible. We defend criminal defense cases in all State District Courts as well as all Tribal Courts throughout the state. Connect with us today to learn more about our approach to representation and to start protecting your rights. We look forward to speaking with you.

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