Unlike alcohol, where clear legal limits exist, marijuana impairment is more difficult to prove. Even though marijuana use is legal in the state, driving under the influence is still prohibited. With that, a DUI charge can carry serious consequences.
Let’s take a closer look at how you can handle a marijuana-related DUI charge in Oklahoma.
Oklahoma’s Marijuana DUI Laws
State law prohibits driving under the influence of any intoxicating substance, including marijuana. However, marijuana DUIs are tricky. Unlike alcohol, there is no clear legal limit for how much THC is needed to be considered impaired.
This means even if you’re a medical marijuana cardholder and have cannabis in your system, you could still face charges if law enforcement believes you’re impaired.
In Oklahoma, there are two ways you can be charged:
- Driving under the influence (DUI): The officer believes that marijuana has impaired your ability to drive.
- Driving while impaired (DWI): This is a lesser charge, and it applies if marijuana is detected in your system, but there’s not enough evidence to prove you were impaired.
Both charges carry penalties. However, DUI charges have bigger consequences.
What Happens If You’re Pulled Over?
When an officer suspects impairment, they will look for signs like:
- Red or glassy eyes
- Slow or slurred speech
- The smell of marijuana in your car
- Poor coordination or trouble following instructions
If the officer believes you may be impaired, they might ask you to perform field sobriety tests (FSTs). This could include walking in a straight line or standing on one leg.
These tests are highly subjective when it comes to marijuana. Even if you’re sober, the officer could claim that your performance indicates impairment.
If the officer proceeds with an arrest, they will ask you to take a blood or urine test to check for THC in your system. Refusing this test could result in penalties under the implied consent laws.
What to Do After Being Charged
If you’ve been arrested for a marijuana-related DUI, the next steps can make a difference in your case. First, you need to contact a DUI lawyer immediately. When you can get an attorney involved, it is better for your case.
They can help you:
- Review the evidence against you
- Challenge the field sobriety and chemical test results
- Examine any potential violations of your rights during the traffic stop or arrest
Having an attorney by your side will ensure you’re not left trying to figure things out on your own.
Keep in mind that a DUI charge can lead to an automatic driver’s license suspension through the Department of Public Safety (DPS). You can request an administrative hearing within 30 days of your arrest to challenge the suspension. Missing this deadline could lead to a long-term suspension.
Many times, your defense may hinge on proving that you were not impaired when you were driving. Even if you had THC in your system, it does not mean you were impaired. Your lawyer will help gather evidence to present a strong case.
What If You’re a Medical Marijuana Patient?
Even if you are legally using marijuana under a prescription, you are still subject to DUI laws. So, even though you have a medical marijuana card, you can still be arrested and charged if law enforcement believes you were impaired while driving.
However, having a medical marijuana prescription may work in your favor. If THC is detected in your system but no clear evidence of impairment, your prescription may help support your defense.
Get Help for Your Marijuana DUI Charge
Facing this type of arrest can be a stressful experience. But now you know how to handle a marijuana-related DUI charge in Oklahoma. 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.