Oklahoma Drugged Driving Defense Attorneys

Like any other criminal case, you have the right to have the evidence challenged and the right to tell your side of the story. If a blood test was taken, you have the right to have an independent retest of the sample.

It is important to retain qualified DUI attorneys that know how to properly defend you. A medical doctor is licensed to practice medicine but do you want a general practitioner doing heart surgery or do you want a specialist that has had advance training like attendance at the National College for DUI Defense Trial College held at Harvard University for many years.

This advance training is important as we know to look for. Our investigators will pull all the video and reports and review them for errors and mistakes. We will ask for a retest of any blood samples as we will look actual amounts of any drug present versus just a confirmation test that a drug was present. Little details matter as it can be the little details that get your case dismissed even if you were above the limit.

DUI-Drugs and DUI involving alcohol fall under the same State statute in different sections. and carry the same range of punishment. The penalties for a DUI conviction in Oklahoma will depend on a number of factors; previous DUIs on your record, the level of intoxication at the time of arrest, and whether anyone was injured as a result of the DUI. All of these factors as well as any mitigation presented by your lawyer will be considered when determining the punishment.

In State Court, you may face 10 days to one year in the county jail and up to $1,000 fine for a misdemeanor. The punishment increases significantly should you be charged with felony DUI or felony DUI-D. The statute will require you to complete a drug and alcohol assessment and to follow the recommended course of treatment, as well as may require you to complete a Victim Impact Panel (VIP), complete a set number of hours for community service, install an ignition interlock device on your vehicle; pay court costs and fines.

If a plea agreement is worked out on a DUI drugs case, you may be required to go on probation and complete the statutory requirements; however, some of these requirements can be negotiated down. You may also have to undergo random drug testing and complete alternative treatment options. It is possible that your case could be resolved without a conviction or license loss.

Unlike BAC testing for an alcohol DUI, you don’t need to be over a certain threshold to be arrested for a drug DUI.Oklahoma has a no-tolerance policy for Schedule I drugs, meaning you can face drugged driving charges if you have any trace amount in your system. Common controlled substances classified as Schedule I drugs by the U.S. Drug Enforcement Administration (DEA) include heroin, LSD, marijuana, ecstasy, methaqualone, and peyote.

Unlike BAC testing for an alcohol DUI, you don’t need to be over a certain threshold to be arrested for a drug DUI.Oklahoma has a no-tolerance policy for Schedule I drugs, meaning you can face drugged driving charges if you have any trace amount in your system. Common controlled substances classified as Schedule I drugs by the U.S. Drug Enforcement Administration (DEA) include heroin, LSD, marijuana, ecstasy, methaqualone, and peyote.

It’s important to understand that having a prescription medication is not a defense in DUI-D cases. Legal drugs like sleep medications, painkillers, antihistamines, antidepressants, and decongestants are known to cause cognitive and physical effects that impair driving. Drivers can be arrested for drugged driving even if they have a valid prescription for the medication.

Yes, you can still be arrested for a DUI-D even if you have a medical marijuana card. A medical marijuana license may permit the use of medicinal cannabis, but does not grant the right to operate a motor vehicle with marijuana in your system.

Because marijuana is still illegal at the federal level and classified as a Schedule I drug, driving with any trace amount of cannabis is illegal, regardless of whether you have a legal prescription. Sadly, this puts 1 in 10 Oklahomans at risk of DUI as they commute to school, work, and other locations with medical marijuana in their system.

At Hunsucker Legal Group, we understand how unfair and frustrating it can be to face criminal penalties for simply exercising your patient rights. Our attorneys are highly skilled at analyzing evidence, challenging blood and breath test results, and holding the prosecution accountable for meeting the standard of proof under the law.