OKLAHOMA LIQUOR LICENSE FELONY CONVICTION DRIVER
The driver will not have to place an interlock in their car.
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If blood is taken and an illegal substance (and no alcohol) is found, the license will not be revoked. License Revocation With DUI-DrugsĭPS only revokes licenses for alcohol in the system-not drugs. An officer will be more likely to throw the book at someone who is rude and combative. Decrease the officer’s motivation to hit you with more charges by being polite and respectful. Note that an officer will not automatically want to get your blood if you admit to taking drugs. Don’t give law enforcement the probable cause they need to further investigate that crime. If you do, then you could very well be talking yourself into a DUI-drugs charge. If you’re stopped and asked by a law enforcement officer if you’ve taken any drugs, it would be a good idea to not disclose any information about drug use-legal or illegal. The law also makes it possible for you to be held “under the influence” if you’re taking prescribed medication that you ordinarily wouldn’t think would intoxicate someone, such as Prozac, so long as you were rendered incapable of safely driving or operating a motor vehicle. The officer will have to see other signs of impairment such as poor driving and poor coordination after exiting the vehicle to arrest for DUI-drugs (marijuana). From my experience, talks with other attorneys, and discussions with law enforcement, an officer is typically not going to arrest someone based on the fact that they are a medical marijuana patient and they ingested marijuana recently. Many people thought that the rate of DUI-drugs would increase after Oklahoma’s medical marijuana law went into effect. This is only theory until someone challenges a DUI conviction strictly on THC in the blood and our Court of Criminal Appeals makes a ruling. Unfortunately, this argument has not been made at an appellate court yet. Therefore, a positive test for THC in blood should be associated with the Schedule III substance, not the Schedule I substance. And since it’s possible to consume just THC, it’s impossible to know whether the THC in the blood came from marijuana or an extract. The green leafy substance of marijuana can’t be found in blood– only THC or its metabolites. A good argument can be made that Oklahoma is not a per-se (automatically guilty) state for marijuana when it comes to DUI-drugs. Marijuana DUIĪlthough marijuana is a Schedule I substance, THC (the active ingredient in marijuana) is a Schedule III substance. If the driver refuses, then it’s treated as a refusal.
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If the officer wanted to, they could request to take a sample of the driver’s blood. This is extremely harsh! This means that you can still be found guilty of DUI-drugs if you have any amount of a Schedule I drug or a controlled substance or any of their metabolites or analog in your body-even if you were driving perfectly fine! This can come into play when someone is pulled over, the officer asks the driver if he or she has taken any drugs, and the driver-not knowing this law-states that they consumed some substance that morning or a previous day. If you have any measurable amount of a Schedule I substance or its metabolites, then you’re automatically considered to have been driving under the influence. Note the language, “any amount of a Schedule I or a controlled substance or any of its metabolites or analog in the body.” Oklahoma is a zero-tolerance state for Schedule I substances. You can also be in actual physical control of a vehicle for drugs. Are under the influence of alcohol and any other intoxicating substance that may make you incapable of safely driving or operating a motor vehicle.Ī motor vehicle in Oklahoma is defined as any vehicle that is self-propelled or propelled by electric power obtained from overhead trolley wires, but not operated on rails.Īny test must be conducted within two hours of your arrest.Are under the influence of any intoxicating substance other than alcohol that may make you incapable of safely driving or operating a motor vehicle or.Have any amount of a Schedule I controlled substance, or one of its metabolites or analogs, in your blood, saliva, urine, or other bodily fluid at the time of the test.Are under the influence of alcohol at the time.DUI in Oklahoma stands for “driving under the influence.” It’s defined as driving or operating a motor vehicle on a public road, highway, street, turnpike, or other public place, or on a private road, street, alley, or lane that provide access to one or more single or multi-family homes when you: