In Oklahoma, the term "DUI" isn't limited to alcohol. Under state law, you can be charged with Driving Under the Influence if you have any amount of a Schedule I controlled substance in your system, or if you are under the influence of any other intoxicating substance—including prescription medications—that renders you incapable of safely operating a vehicle.
Facing a drug-related DUI is an overwhelming experience. Unlike alcohol cases, which rely on a standardized Breathalyzer, drug DUI cases are often based on subjective "Drug Recognition Expert" (DRE) evaluations and complex blood tests. Because the stakes are so high, avoiding these common pitfalls is essential to protecting your future.
1. Assuming a Valid Prescription is a "Get Out of Jail Free" Card
One of the most frequent mistakes Oklahomans make is believing that because a doctor prescribed the medication, they cannot be charged with a DUI. This is a dangerous misconception. If a law enforcement officer believes your legal medication—such as an anti-anxiety med, a sleep aid, or a painkiller—has impaired your driving ability, you can be arrested and convicted. Never assume the legality of the substance is a valid legal defense.
2. Consenting to Voluntary Field Sobriety Tests
If you are pulled over on suspicion of drug impairment, the officer may ask you to perform Field Sobriety Tests (FSTs), such as the one-leg stand or the walk-and-turn. Many people believe they can "prove" their sobriety by passing these tests. In reality, these tests are highly subjective and often designed for failure, especially when an officer is looking for signs of drug-related impairment that these tests weren't even originally designed to detect. In Oklahoma, you have the right to politely refuse these roadside physical tests.
3. Talking Too Much to Law Enforcement
When facing a Drug Recognition Expert (DRE), every word you say is being recorded and used to build a case against you. Officers may ask, "When was the last time you took your medication?" or "Have you used marijuana today?" Even if you think you are being helpful or honest, these admissions are often the primary evidence used to secure a conviction. You have a constitutional right to remain silent—use it.
4. Misunderstanding Oklahoma’s Implied Consent Law
While you can refuse roadside physical tests, Oklahoma’s Implied Consent law means that by driving on state roads, you have already consented to a chemical test (usually blood or at the station) if you are lawfully arrested. Refusing the state’s chemical test after an arrest can lead to an automatic and lengthy driver’s license revocation. However, the procedures for these tests must be followed perfectly by the state, and a skilled attorney can often challenge the results.
5. Failing to Act Quickly to Save Your License
In Oklahoma, the clock starts ticking the moment you are arrested. You have a very limited window to request a hearing with Service Oklahoma to contest the revocation of your driving privileges. If you miss this deadline, your license will be automatically suspended, regardless of the eventual outcome of your criminal case.
Oklahoma DUI Defense Attorney Ready to Help
A drug DUI charge is a serious threat to your freedom, your career, and your right to drive. At Hunsucker Legal Group, we understand the complexities of DRE protocols and the science behind blood toxicology reports. As the home of Oklahoma City’s only board-certified DUI defense expert, we have the specialized knowledge necessary to challenge the state's evidence and fight for a favorable resolution. Do not leave your future to chance.
Contact us today at (405) 544-2992 to schedule your consultation and start building your defense.
