Can You Get a DUI for Weed? Understanding Oklahoma’s Marijuana DUI Laws
At Renaissance Legal Solutions, we often hear the question, “Can you get a DUI for weed?” The short answer is yes. Under Oklahoma law, driving under the influence of marijuana is treated similarly to driving under the influence of alcohol. The state has enacted a narcotic “per se” DUI standard, which means that the presence of marijuana metabolites in your system is enough for you to be charged, even if you are not actively impaired at the time of arrest.
What Is a Marijuana DUI in Oklahoma?
In Oklahoma, you can still get a DUI for weed even if you legally ingested marijuana in another state or used it for medical purposes – even if it was weeks ago! According to Oklahoma law, it is illegal for any person to operate or be in actual physical control of a motor vehicle if they have any amount of a Schedule I controlled substance—such as marijuana—or its metabolites in their system. These metabolites, which can remain in your body for days or even weeks after marijuana use, serve as presumptive proof of impairment under the state’s strict DUI laws.
Oklahoma’s “per se” DUI law allows law enforcement to charge you with a DUI based solely on the presence of marijuana metabolites in your blood, saliva, urine, or other bodily fluids, even if you are not actively high or impaired at the time. The test must be administered within two hours of arrest. This law doesn’t differentiate between recent and past marijuana use, which can create challenges for individuals who consume marijuana legally but later find themselves facing a DUI charge after being pulled over.
Legal Consequences of a Marijuana DUI in Oklahoma
If you’re wondering, “Can you get a DUI for weed in Oklahoma?” the answer is yes and can carry significant legal implications. The consequences of a marijuana-related DUI are severe, with penalties escalating for repeat offenders:
- First Offense: A maximum fine of $1,000 and/or 10 days to one year in jail. Additionally, there is a mandatory requirement to complete a substance abuse screening program.
- Second Offense (Within 10 Years): Classified as a felony, this carries a maximum fine of $2,500 and/or one to five years in prison.
- Second Felony DUI Offense: Punishable by one to 10 years in prison and a maximum $5,000 fine. Once released, offenders must complete treatment at their own expense, complete 240 hours of community service, and install an ignition interlock device on their vehicle.
- Third and Subsequent Felony Offenses: A maximum fine of $5,000, one to 20 years in prison, followed by at least one year of supervision and testing at your expense, 480 hours of community service, and the mandatory installation of an ignition interlock device.
These penalties demonstrate how seriously Oklahoma treats marijuana-related DUIs, and they reflect the state’s commitment to road safety.
How Renaissance Legal Solutions Can Help
Navigating Oklahoma’s DUI laws can be overwhelming, especially when marijuana is involved. At Renaissance Legal Solutions, we specialize in helping clients understand their rights and defend against criminal charges, including marijuana DUIs. It’s important to know that you have legal options. Our experienced team can help you challenge the charges and work towards the best possible outcome, whether that’s reducing the severity of the penalties or getting the charges dismissed entirely.
We take a client-centered approach, offering personalized attention and expert legal guidance to ensure that you are fully informed throughout the legal process. With over 40 years of combined experience, our attorneys are well-versed in both Oklahoma’s DUI laws and the intricacies of defending against charges involving marijuana metabolites.
Get Help from Renaissance Legal Solutions Today
If you’re concerned about whether you can get a DUI for weed in Oklahoma, don’t wait until it’s too late to understand your rights. The legal consequences of a marijuana DUI are serious, but Renaissance Legal Solutions is here to guide you through every step of the process. Whether you’ve been charged with a first offense or face more severe penalties as a repeat offender, our dedicated attorneys will stand by your side, providing the expertise and support you need to achieve the best possible outcome.
Contact Renaissance Legal Solutions today to schedule a consultation and begin your defense. We’re committed to providing personalized, expert representation for those facing marijuana DUI charges in Oklahoma.
