Many people associate Driving Under the influence only with alcohol. However, in Oklahoma a DUI is defined as the operation of a motor vehicle by a person who is under the influence of intoxicants—whether alcohol, street drugs, or even prescription medication. The Oklahoma DUI statute actually specifies that having a prescription is not a defense to a DUI-Drug charge.
Common illicit drugs that can lead to DUI include all illegal drugs like cocaine, ecstasy/Molly, and methamphetamine. Prescription medications like Xanax, Lortab, Oxycodone, and various muscle relaxers also can lead to DUI, if a driver is deemed to be intoxicated due to any of these drugs. In fact, drivers in Oklahoma can be charged with DUI if any trace of a Schedule I drug is found in their system. This includes marijuana regardless of whether you have a medical marijuana card.
What do they have to Prove for DUI-Drugs?
In order to prove that you are guilty of DUI Drugs (DUI-D), the State must show:
- You were operating or in actual physical control of a car or motor vehicle
- On a public road, in a public place, or on a private road, drive, alley or lane drive leading to one or more dwellings
- Have any amount of a schedule one drug in your system or any amount of its metabolites or analogs in your system
- If test is administered, the test was within 2 hours of arrest
- Or, is under the influence of any intoxicating substance or combination of intoxicating substances combined with alcohol that renders the driver incapable of safely operating the motor vehicle.
What are my Rights if Arrested for Suspicion of DUI Drugs?
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 each year.
This advance training is important as we know to look for. We are the only firm in the state with a full time DUI Investigator. We 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.
Punishments for DUI Drugs in Oklahoma
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 DUI convictions on your record, the level of intoxication at the time of arrest, and whether anyone was injured as a result of the DUI all 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 DUI-D. The statute may also require you to complete a drug and alcohol assessment and to follow the recommended course of treatment, as well as 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.
Aggressive Defense in Your DUI-D Case
Remember that every DUI case is unique, and you should consult with a reputable DUI law firm if you have been charged with driving under the influence in Oklahoma. There are no other firms in Oklahoma City that have the level of current DUI training, resources and skill that the Hunsucker Legal Group brings for your defense.. There is a reason we wrote the book on DUI Defense
Call the Hunsucker Legal Group at 405-231-5600 to schedule a free case consultation with our DUI trained attorneys today.
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