Oklahoma’s new metabolite DUI law sets strict standards for the amount of a controlled substance allowed in a driver’s blood. The way the law is written, there is zero tolerance for the presence of metabolites commonly associated with the recent use of Schedule I drug; and any driver who gets behind the wheel with trace amounts of these metabolites in their bloodstream is guilty of a Metabolite-DUI, even those drivers who use the drugs for legal, medicinal purposes.
The Oklahoma law makes it illegal to drive with any amount of these metabolites in your blood, but it has no regard for how or why the chemicals are present in your system and it establishes no minimum standard threshold. Additionally, the law does not specify which particular metabolites indicate the use of banned substances.
The Problem with Oklahoma’s DUI-D Law
Some metabolites that indicate the use of certain Schedule 1 drugs are also found naturally in the human system. For example, the metabolite 6-acetylmorphine, a morphine compound commonly considered to be a strong indicator of heroin use, is naturally present in small quantities in everyone’s body.
In fact, the body naturally produces morphine in the form of endorphins during stressful situations, strenuous exercise, or as a reaction to painful stimulus. In addition, certain commonly consumed food products, such as those containing poppy seeds, produce trace amounts of morphine in the body, which can mistakenly indicate the recent use of heroin. Thus, morphine can be found in your body naturally, or as a result of the use of heroin.
Furthermore, doctors often prescribe medicines, such as pain killers, that break down into metabolites similar to those associated with Schedule I drugs. However, according to Oklahoma’s DUI-D law, the possession of a prescription will be no defense to a Metabolite DUI conviction.
So, because the same metabolites used to indicate the use of Schedule I drugs are produced in our bodies naturally, present in the food we eat, and in the medicines we consume, everyone who gets behind the wheel, in one way or another, is at risk of being guilty of a Metabolite DUI under Oklahoma’s new DUI-D law.
What To Do if You are Charged with DUI-D in Oklahoma
While the new law was most likely written to target those who drive under the influence of marijuana, until the state develops rules and procedures that conclusively test for the presence of metabolites particular to the recent use of Schedule I substances, the prosecution of those suspected of a DUI-D will heavily rely on the drivers’ confessions, which the police will surely attempt to cajole or intimidate the suspects to offer.
For this reason, it is important to 1) exercise your constitutional right to remain silent when being questioned; and 2) consult with an experienced defense attorney if you are suspected of driving under the influence of marijuana or any other controlled substance.
Initial Strategy Session: Wagoner DUI Attorney
If you or someone you know has been charged with a DUI in Wagoner, Oklahoma, contact the Wagoner DUI Defense attorney at Wirth Law Office – Wagoner about advocating for you through your court process and with the DMV. Contact the Wirth Law Office – Wagoner attorney at (918) 485-0335 to schedule your low-cost strategy session.
