Oklahoma’s DUI Drug Attorney

Oklahoma has one of the strictest policies in the nation regarding driving under the influence of drugs (also referred to as DUI-D). Drug impaired driving is on the rise in the state, which is posing numerous challenges to law enforcement agents, regulators, and state residents alike. The Oklahoma State Bureau of Investigation says the top five drugs detected in drivers arrested for DUI of drugs are:

  • Marijuana
  • Methamphetamine
  • Diazepam
  • Alprazolam
  • Hydrocodone

Under Oklahoma Statute 47 O.S 11-902, all drivers are prohibited from operating a vehicle while under the influence of “any intoxicating substance other than alcohol”. This means it is illegal to drive while under the influence of any drug in Oklahoma, illegal and/or prescription, which may render such person incapable of safely driving or operating a motor vehicle. The state also differs from many others in that there is no blood testing standard in place that outlines how DUI-D charges are determined. These types of charges are implemented on a case-by-case basis, which makes the role of a lawyer even more critical. Because Oklahoma’s DUI drugs law prohibits individuals from getting behind the wheel of a vehicle while under the influence of any controlled dangerous substance, there are many prescription drugs, medications, and illicit drugs that may result in an arrest.

How is Drug Intoxication Determined?

As you can imagine, measuring impairment and determining if a driver is operating under a controlled substance is a complicated process. Because there is no scientific standard in place to judge drug impairment for DUI, it is left up to the police officers to use their own judgment. This can make the situation far more complicated than other similar charges, such as DUI, DWI, or APC involving alcohol. In the event the officer notices drugs in the car or the driver admits to having ingested, inhaled, or injected drugs of any kind, they may have grounds to file charges against you.

Depending on the circumstances surrounding the case, blood tests and other chemicals tests may be used to prove there were drugs in the driver’s system. In determining how much drug intoxication or consumption results in impairment, Oklahoma statute 47 O.S. 11-902 states “any amount” including metabolites or analogs of the used.

Contact Worden Law Firm Today

Given the complicated nature of DUI-D charges, it is imperative you hire an attorney immediately. Since the laws surrounding drug charges are relatively loose and up to the discretion of the arresting police officer(s), there can be a great room for error here. The sooner you obtain legal representation when faced with a drug-related DUI, the better. As with alcohol-related DUI charges, your license may be suspended if you do not request a hearing within 15 days of your arrest. This is just one reason why you must take action right away and hire an attorney. The DUI attorneys at the Worden Law Firm have many years of experience working on these types of cases in Oklahoma, which is one of the reasons we are so respected amongst other lawyers, district attorneys, and judges. To learn more about your rights following a DUI-D arrest, please contact our firm today.