Oklahoma’s new zero tolerance metabolite DUI – D law targets Oklahoma drivers who have trace amounts of illegal drugs in their system. Critics argue, however, that the new law threatens drivers who have done nothing wrong.
Many states have legalized the use of marijuana in some form, ranging from use for medical purposes only to the legal possession of small quantities for recreational use.
Marijuana, however, remains illegal in Oklahoma, and the new law that went into effect on October 1, 2013, is primarily aimed at drivers who have trace amounts of marijuana in their system.
Besides marijuana, the law will give drivers a DUI if they have any reportable amount of a Schedule 1 drug in their system, which includes drugs such as heroin, LSD, ecstasy and bath salts.
While the law is notably aimed at keeping those who are intoxicated with Schedule 1 drugs off the road, it could unnecessarily punish drivers who have not committed a crime. For example, a driver who legally used marijuana in another state and then returned to Oklahoma may still have traces of marijuana in their system weeks later. Under the new zero-tolerance law, these drivers could be charged with a DUI because of the presence of the illegal metabolites in their system.
In addition, some prescription drugs, such as pain medication containing codeine, metabolize into a Schedule 1 drug once in your system. As a result, someone who has been using legal medication may be arrested and charged with a DUI. Additionally, the law clearly states that possession of a prescription is no defense to a metabolite DUI – D conviction.
Many critics of the law argue that 1) the law is overreaching and can lead to more false positives and charges against drivers who were not intoxicated than charges against drivers who are indeed intoxicated with an illegal schedule 1 drug; and 2) a driver should be able to avoid a conviction if they have a prescription for a legal drug that metabolizes into a Schedule 1 drug once in their system.
Proponents of the law, however, see the law as reasonable, and they argue that Oklahomans are not allowed to be in possession of Schedule 1 drugs anyway. Furthermore, they defend the law based upon probable cause: before the police can stop a driver, they will need to have probable cause to do so and a driver will have to fail a field sobriety test before they are even tested for the presence of Schedule 1 drugs in their system.
Initial Strategy Session: Wagoner DUI Attorney
It’s important to obtain knowledgeable counsel and effective representation in court if you have been charged under Oklahoma’s new DUI-D law. Contact Wirth Law Office – Wagoner for a initial consultation with a Wagoner DUI attorney. Call the Wirth Law Office immediately at (918) 485-0335 or submit the question form at the top right of this page.
