Many people assume that they can’t get a DUI if they are taking medication that was legally prescribed. But the question is, “Can prescription drugs impair your ability to drive safely?” And the answer is “yes.” Due to this, you could be charged with DUI if you are taking prescription drugs or marijuana in Oklahoma - even when they are legally prescribed.
The criminal defense attorneys at Fassio Law have extensive experience handling drug-related DUI cases and can mount an effective defense in your case. Contact us today to get started with a confidential case review.
Oklahoma’s DUI-Drug Laws: How They Work
In Oklahoma, the law treats impaired driving the same, whether you’re accused of being impaired by alcohol, illegal drugs, prescription drugs, or even over-the-counter medications. If the substance affects your ability to drive safely, you can be charged with DUI. Therefore, you can get a DUI on prescription or over-the-counter drugs.
In Oklahoma, there are two ways that people can get a DUI: per se DUI and impairment DUI. Per se DUI means that you have a blood alcohol concentration of 0.08% or more, or any amount of a Schedule I controlled substance in your system, even if there is no evidence that you were driving recklessly or under impairment. Impairment DUI occurs when the intoxicating substance actually impaired your ability to drive safely, and law enforcement observed this or showed this through field sobriety tests or other evidence.
The Oklahoma DUI statute makes it clear that having a prescription for a controlled substance is not a defense against being charged for DUI while using that drug.
Can You Get a DUI for Using Prescription Medications?
Yes, you can get a DUI for using prescription medications while driving. It is also important to note that DUI laws apply in Oklahoma when someone is under “actual physical control” of a vehicle, even if they weren’t driving. If the prescription medication is a Schedule I drug or you are actually impaired by it, you can be charged with DUI if you were driving or under actual physical control of a vehicle.
People can and have been charged with DUI when they had intoxicating substances in their systems, such as:
- OxyContin
- Norco
- Xanax
- Adderall
- Methadone
- Medical marijuana
- Antidepressants
Even over-the-counter medications that can cause impairment or drowsiness can potentially lead to DUI charges.
How Oklahoma Handles Marijuana DUIs
Another question that people often ask is, “Can you get a DUI from weed?” Oklahoma’s medical marijuana law allows people to use marijuana for medicinal purposes. They are supposed to carry their medical marijuana card with them to show they are legally taking this drug. However, even with a medical marijuana card, this does not give you the legal right to get behind the wheel after taking marijuana.
If the marijuana impairs your ability to operate a motor vehicle or if you test positive for any detectable amount of the drug, you can be charged with DUI. This fact applies whether you have your medical marijuana card or not.
What Are the Penalties for a DUI-Drug Conviction?
If you are convicted of a DUI for the first time, this is a misdemeanor offense that carries a potential penalty of the following:
- Ten days to one year in jail
- Court fines of up to $1,000
- Driver’s license suspension of 180 days or more
- Required DUI education programs
A second offense carries even harsher penalties, including the following:
- One to five years in prison
- Court fines of up to $2,500
- Driver’s license suspension of one year or more
- Mandatory substance abuse treatment
How Police Test for Drug Impairment in DUI Cases
In many DUI cases, law enforcement officers initially detect a traffic violation or unsafe driving. They may then pull the driver over and ask questions. They may request that the driver complete field sobriety tests, such as the Horizontal Gaze Nystagmus, Walk and Turn, or One-Leg Stand tests, to assess impaired motor skills and balance.
These field sobriety tests are often used in drunk driving cases, but they can also be used in impairment by drug cases, too. However, they are not as reliable for detecting drug impairment, especially marijuana.
If probable cause exists, police officers request a blood test as the state’s chemical test, which can confirm the presence of drugs in a suspect’s system.
Common Defenses Against a DUI-Drug Charge
If you are arrested for violating Oklahoma’s driving under the influence of drugs law, your criminal defense attorney can carefully evaluate your situation and determine a viable defense strategy. Possible
- Lack of impairment: If the intoxicating substance was not a Level I drug, you may be able to argue that you were not actually impaired by it. Because law enforcement must be able to show that you were not impaired by it, so you did not violate the law.
- Invalid traffic stop: For police to pull you over in the first place, they must have reasonable suspicion that you are under the influence of drugs or alcohol or violating some other traffic rule. If law enforcement cannot reach a point where they have an articulable suspicion beyond a mere hunch, they cannot legally initiate the stop. If they stopped you and then got evidence from that stop, your lawyer can move to suppress that illegally-obtained evidence.
- Testing errors: Your criminal defense lawyer could argue that the blood and breath test results are not correct. False positives can occur. The technician may have completed the blood draw incorrectly. Or, the drug test could have been stored improperly.
- Break in the chain of custody: Another possible defense is that the chain of custody is not intact. For example, if a technician took your sample and it was not properly handled, it could have been mixed up with another suspect’s sample. This can make it unreliable and inadmissible as evidence against you.
If you are facing drug-related DUI charges, reach out to an experienced DUI defense lawyer from Fassio Law for immediate guidance and legal representation.
How DUI-Drug Charges Differ from Alcohol DUIs
Even though DUI and alcohol impairment cases involving DUI can be similar, they do have unique differences. For example, to be found guilty of DUI based on alcohol, law enforcement must generally get a blood alcohol content result of 0.08% or higher, whereas any detectable amount of a Schedule I substance can result in a crime based on DUI due to drugs.
Law enforcement may use field sobriety tests for either type of offense, but they are considered less reliable in cases involving drugs. Therefore, it may be more difficult for law enforcement to develop probable cause to show that blood testing is warranted.
Understanding these nuances is essential to providing an effective criminal defense. Fassio Law can try to poke holes in the prosecution’s case and work with experts to explain how false positives result.
What to Do If You Are Arrested for a DUI Involving Drugs
If you are facing criminal charges related to being under the impairment of illicit drugs, prescription drugs, or medical marijuana, follow these steps to safeguard your legal rights:
- Exercise your right to remain silent. This is a fundamental right for a reason.
- Refuse to answer any questions. Be polite but firm.
- Don’t resist arrest, as this can lead to additional charges against you.
- Don’t give law enforcement consent to search your vehicle.
- Contact an experienced lawyer who can help with your drug crime defense.
How a DUI Attorney Can Challenge a Prescription or Marijuana DUI Charge
Having a valid prescription or medical marijuana does not matter when you are facing Oklahoma’s drugged driving laws. You can be convicted of driving while impaired and be subjected to harsh penalties that can negatively affect your life for years to come.
The experienced team at Fassio Law will try to shield you from the harshest penalties by providing a robust defense on your behalf. We can carefully investigate your case and determine the most effective defenses we can raise, whether that is testing the legality of the stop or arguing that the test results are flawed. We can also help negotiate for a favorable plea agreement. We have extensive experience handling drug DUI charges and securing favorable results. Contact the legal team at Fassio Law to schedule a strategy session.
