Oklahoma’s new DUI-D law makes it illegal to drive with even trace amounts of illegal drugs in your system.
The new law creates a zero-tolerance standard for driving with the presence of metabolites that indicate the recent use of any Schedule I controlled substance in your body. Of specific concern are metabolites indicating the recent use of Schedule I controlled substances such as marijuana, Ecstasy, LSD, heroin, etc.
What Oklahoma’s DUI-D Law Means to Citizens of Tahlequah
Critics argue that the new law not only threatens drivers who are driving under the influence of a Schedule I drug, but also those who are not, since the law does not test for actual intoxication, but merely for evidence of recent drug use.
Theoretically, you can smoke marijuana on Friday and be arrested on Monday for having trace evidence of the drug in your blood or urine, even though you have fully recovered from its usage and are not intoxicated.
In addition, the same metabolites that indicate the recent use of an illegal drug can be associated with the use of legally prescribed substances, such as codeine-based medications and the like.
Therefore, many see the law as overreaching and likely to lead to the arrest of more drivers who are not intoxicated with a Schedule I drug than drivers who are actually intoxicated.
Proponents of the DUI-D law argue that the law is justified by the need to curb overall drug use by providing a persistent threat to those who frequently use illegal drugs, whether they are actually intoxicated when they are driving or not.
Oklahoma’s zero-tolerance DUI-D law does not differentiate between the use of legal, prescription, or over-the-counter drugs and the use of illegal drugs. If you are deemed to be under the influence of either, you can be harshly punished.
Therefore, if you have been arrested for DUI-D in Oklahoma, it is important that you contact an experienced Oklahoma criminal defense attorney immediately to assist you in fighting the charge.
Low-cost Initial Consultation: Tahlequah Criminal Defense Lawyer
If you or someone you know is facing a criminal charge, please contact a Tahlequah criminal defense lawyer to discuss your available legal options.
For a low-cost consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
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