Oklahoma’s new Metabolite DUI-D law forbids any amount of a controlled substance to be found in a driver’s blood. The law makes it illegal for any driver to have metabolites in their bloodstream that are commonly associated with the recent use of any Schedule I drug, such as marijuana.
In addition to marijuana, the presence of any other Schedule 1 drug – such as heroin, lsd, ecstasy and bath salts – found in your system will make you guilty of a DUI-D.
Some states have legalized the use of marijuana for medicinal purposes and for recreational use in small amounts. However, marijuana is still illegal in Oklahoma, and the new DUI-D law, which went into effect October 1, 2013, will punish drivers who have even trace amounts of marijuana in their system.
While the law is intended to punish those who drive under the influence of Schedule 1 drugs in Oklahoma, the way the law is worded, critics argue, could target drivers who have legally used marijuana in another state and then returned to Oklahoma weeks later with traces of marijuana still in their system.
Critics also argue that the law will unfairly punish drivers who are on some prescription drugs, such as pain medication containing codeine, which might look like a Schedule I drug once in your system. Especially since the law indicates that possession of a doctor’s prescription will not be a defense to a DUI-D charge.
What To Do if You Are Arrested for a DUI-D in Muskogee
While the law was primarily written to target Oklahomans who drive under the influence of marijuana, until the state establishes rules and procedures that can definitively prove that a person is driving under the influence of Schedule I substance, the prosecution of those arrested under the new law will heavily rely on the confessions of suspected drivers, which the police will surely attempt to coerce in order to retrieve the necessary confessions.
Therefore, if you or a loved one has been arrested under the suspicion driving under the influence of marijuana or any controlled substance, it is firstly important that you exercise your constitutional right to remain silent while you are detained or in police custody; and secondly, that you call an experienced defense attorney as soon as possible and before admitting to anything.
Low-cost Consultation: Muskogee DUI Attorney
For more information on Oklahoma’s DUI-D, consult with an experienced Muskogee criminal defense attorney in the Wirth Law Office by calling (918) 913-0725, or call toll-free at 1-(888) 947-8452 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.
