DUI Marijuana in Tulsa is a crime that happens more often then many people think. Driving under the influence of marijuana in Oklahoma is similar to driving under the influence of alcohol. This is because in either case, the driver is impaired. Among other things, someone who drives while high on weed might have a tough time paying attention to the road, a tough time seeing the road (e.g. judging distances), slower reaction time, and reduced coordination. They could endanger themselves and their passengers, other drivers and even pedestrians. For this reason, Oklahoma law makes it illegal to drive a car on marijuana or alcohol – and the consequences are pretty stiff. Here’s more.
Penalties For DUI Marijuana in Tulsa
Since marijuana is still classified in Oklahoma as a Schedule I substance, if you are driving under its influence, then you are breaking the law. A first offense carries a fine of up to $1,000 and up to one year in jail. Not only that, but you might have to complete a substance abuse program as a condition of completing your sentencing requirements.
A second DUI marijuana offense within 10 years of the first one constitutes a felony. Because of this, fines increase to $2,500, and prison time ranges between one and five years. Being convicted of a subsequent felony DUI offense potentially doubles the fine and prison term. Once released, you may have to perform 240 hours of community service and have to place an interlock device on your vehicle.
Blood Tests and DUI Marijuana Charges
If you are pulled over by law enforcement and are under suspicion of being impaired on weed while driving, and the blood or fluid test shows that there is any amount of THC or metabolites in your system, then it will be presumed by the police that you were under the influence of marijuana, and that could lead to criminal charges.
Arguing with the police that metabolites have nothing to do with intoxication, or that they may remain in your system for up to 30 days, or that you have not used marijuana recently, will not exempt you from being charged with a marijuana DUI. However, you would have a basis to challenge these charges.
DUI Marijuana and Medical Marijuana Card
Even If You Are A Medical Marijuana Recipient, You Could Still Get Charged With Marijuana DUI . Although State Question 788 (legalization of medical marijuana) received a positive response from citizens of Oklahoma, making the use of medical marijuana available to whoever obtains a license for its use, possession of the drug is still associated with serious legal implications particularly as it relates to DUIs. So, the legalization of medical marijuana does not equal the legalization of driving under the influence of pot.
Keep in mind that possession of marijuana is still illegal for recreational use too. Because of this, it carries a minimum fine of $400 even when you have a condition that would ordinarily allow for you to consume it for medical reasons. If you cannot justify your possession of marijuana from a medical standpoint, then you might face a fine of up to $1,000 and up to one year in jail.
Marijuana is Still Illegal Under Federal Law
Your possession of a medical marijuana card in Oklahoma is not a free pass to using and possessing the drug wherever you want – at least according to federal law. Specifically, the drug is still illegal under federal law, and federal law is superior to state law. So, it is not recommended that you carry or use cannabis on federal property under any circumstances. Moreover, state and federal law still consider it illegal for anyone who is a user of marijuana to carry any type of firearm while under its influence.
What To Do When Stopped By A Police Officer If You Have Been Using Marijuana
If you are driving under the influence of marijuana or fear that marijuana may be found in your blood, and you subsequently get pulled over by a police officer, then you should politely decline to answer any questions after giving your name and showing your ID and car registration. Ask to have your attorney present, and do not consent to a field sobriety test or to law enforcement’s search of your vehicle.
DUI Marijuana Lawyers in Tulsa
A marijuana DUI conviction carries drastic consequences. With so much on the line, it is absolutely essential that you consult with an Oklahoma marijuana DUI attorney who can explain the best way forward. Our Tulsa DUI attorneys have extensive experience in protecting the rights of our Oklahoma clients who have been on the receiving end of marijuana DUI charges. We are on your side and are ready to go to bat for you. Get in touch with Tulsa Criminal Lawyers Law Firm today by calling (918) 416.0358 or by contacting us online.