Driving High. What Happens If I Get a Marijuana DUI?
While many states, including Oklahoma, have legalized the use of medical marijuana, it is still classified as a Schedule I substance and it’s still illegal to drive a motor vehicle under the influence of marijuana.
If you smoke weed or otherwise consume cannabis before getting behind the wheel, law enforcement could pull you over on suspicion of marijuana DUI. In Oklahoma, the consequences of a marijuana DUI can be just as severe as a regular DUI that involves the consumption of alcohol.
At The Handley Law Center, we understand that a small mistake can derail your entire life. But when you work with our DUI attorneys in Canadian County, Oklahoma, we will do everything in our power to help resolve your case.
Penalties for Marijuana DUI in Oklahoma
If you get caught driving high and face criminal charges for marijuana DUI, you could face serious penalties if your case leads to a conviction. Possible penalties depend on the number of prior convictions on your record.
First Offense
If you're caught driving under the influence of marijuana for the first time in Oklahoma, you could face:
Fines ranging from $500 to $1,000
A jail sentence from 10 days up to one year
License suspension for a minimum of six months
Mandatory substance abuse screening program
These penalties aim to deter you from repeating the offense and ensure you understand the seriousness of driving under the influence.
Second Offense Within 10 Years
A second offense within ten years of your first conviction is classified as a felony and brings more significant penalties. Oklahoma law does not take repeat offenses lightly, and the consequences are designed to be much harsher:
Fines of up to $2,500
Prison sentence from one year to five years
License revocation for at least one year
Mandatory rehabilitation programs
The state aims to correct your behavior and ensure public safety by imposing these tougher penalties.
Second Felony Offense
A second felony marijuana DUI offense is punishable by:
Fines of up to $5,000
Prison sentence from one to 10 years
License revocation for at least three years
Community service for 240 hours
Mandatory drug treatment
The aim here is to promote long-term behavioral change while still holding you accountable.
Third and Subsequent Offenses
Repeated offenses result in the most severe penalties Oklahoma law can impose. A third or subsequent offense comes with life-altering consequences:
Fines of up to $5,000
Prison sentence from one to 20 years
License revocation for three years or longer
Community service for 480 hours
Regular drug testing at the offender’s expense
Our attorneys at The Handley Law Center strive to help our clients avoid convictions or, at the very least, reduce the penalties and minimize their impact on our clients’ lives. Any DUI is worth fighting, and marijuana DUIs are no exception.
What Does the Prosecution Have to Prove to Secure a Marijuana DUI Conviction?
To secure a conviction, the prosecution must first demonstrate that you were impaired while driving through DUI tests. This usually involves:
Field sobriety tests like walking in a straight line or standing on one leg
Officer observations including slurred speech, erratic behavior, or the smell of marijuana
Blood or urine tests to measure THC levels in your system
These methods aim to establish your impairment beyond a reasonable doubt. According to the official website of the State of Oklahoma, THC can be detected in a blood test even 2+ weeks after the last use.
The prosecution must also prove you were operating a vehicle. This might seem straightforward to build a strong case for your conviction, but there are nuances:
Positioning in the car (driver's seat vs. passenger seat)
Keys in the ignition or the car running
Witness testimony from people who saw you driving
Finally, the prosecution needs to show that your marijuana use coincided with the time you were driving. They will look into:
Statements you made to law enforcement
Receipts or records of recent marijuana purchases
Witness testimony confirming recent use
You might want to get help from an attorney to assess the strengths and weaknesses in the prosecution's case and devise an effective defense strategy for you.
Possible Defenses to Marijuana DUI Charges
While there are dozens of defense strategies to choose from when facing marijuana DUI charges, some of the most commonly used ones include:
Inaccurate testing. This includes faulty field sobriety tests which can be influenced by nerves or medical conditions and inaccurate THC blood levels due to improper testing procedures or faulty equipment. Challenging the accuracy of these tests can create reasonable doubt and potentially lead to a dismissal of charges.
Lack of probable cause. If you know your rights when pulled over for a DUI, you know that a traffic stop is unlawful if the police have no valid reason to stop you. Additionally, if the officer conducted a search without your consent or a warrant, any evidence they find cannot be used in court.
Medical marijuana prescription. If you have a prescription for medical marijuana, you could argue the legal use of marijuana for a medical condition by showing that you are a legal patient. While this defense hinges on demonstrating that your use was lawful, it does not excuse driving high.
Our attorneys at The Handley Law Center can help identify the best defense strategy that is tailored to your specific circumstances.
Facing Marijuana DUI Charges? We Can Help
With over 30 years of experience, our firm knows how to develop a winning defense strategy for clients facing marijuana DUI charges in Oklahoma. We are dedicated to helping good people reclaim their dignity and get their normal lives back after a DUI arrest because we understand that everyone can make a mistake.
If you were stopped for driving high and face marijuana DUI charges, reach out to our office so we can guide you forward. Call our office today to schedule a free case review.