Drug DUI

Legal Limits for Drugs

You may have noticed that you didn’t see anything listing a legal limit. That’s because in Oklahoma there is no legal limit listed for DUIs that are drug related. Whether or not someone is under the influence to the point of impairment is determined on a stop-by-stop basis. Further, Oklahoma just passed a law that says ANY detectable level of a schedule I narcotic (including marijuana) makes you GUILTY of DUI – Drugs. It does not matter if you ingested the substance legally in a different state weeks before, if the test shows its presence, you will be charged with DUI – Drugs.

What Should I Do If I’m Pulled Over?

If you are pulled over, and they suspect you may be intoxicated by something other than alcohol, you may be asked to take a series of tests given by a Drug Recognition Expert (DRE). It is your choice whether to undergo these tests; however, any results obtained will be used against you. The results of each of the tests are extremely subjective. This is why we do not recommend that you submit to this kind of test. Politely decline the request.

Law enforcement may also ask you questions about whether you are under the influence of drugs, alcohol, or any intoxicating substance, or have done any of the substances in the past. Again, politely decline answering the question and only provide the officer with your name and identifying information that is requested. If you are requested to submit to a portable breath test to determine if you are under the influence, again, you may politely decline. If the officer decides that they have “probable cause” to charge you with DUI – Drugs, they will read you information off of a little card and asked if you wish to submit to the “State’s Test.” If the officer suspects you of being under the influence of drugs, it will be a blood test. You can make a decision as to whether you submit to this test. Faulk Law Firm, PLLC. recommends that you take the State’s Test unless you know that you are under the influence of an intoxicating substance (including any drug, regardless of whether it is prescribed) and that the publication of the results could cause you to lose a professional license, your job, or if you are a public figure. If you refuse the test you will still be charged with DUI – Drugs.

Also, please keep in mind that if you refuse the State’s Test that you will be subject to the same license restrictions and requirements as someone charged with an aggravated DUI. So, with that in mind, you might as well take the State’s Test. The blood test will most likely be done at a local hospital.