When it comes to DUI in Oklahoma, there is a legal limit for how much alcohol can be in a person's blood stream before he or she is considered to be impaired or intoxicated. Anyone found to be driving with a blood alcohol concentration (BAC) of 0.08 percent or greater will be charged with DUI, but a driver can be charged with DWI (Driving While Impaired) with a BAC as low as 0.06 percent.
When it comes to driving under the influence of drugs, however, the state holds no tolerance. A person can be charged with DUI with any detectable amount of drugs or their metabolites in his or her blood stream. State legislators passed the amendment to HB 1441 last spring. In theory, it sounds good to those wanting safer streets and a "tough-on-drugs" approach. In reality, the law makes no sense as written.
Under Oklahoma law, a person can be arrested for drugged driving with any detectable amount of a Schedule I drug, including marijuana, or its metabolites in his or her blood. Certainly, we do not want people driving while high--distorted perception, delayed reaction, and other effects of a drug can be deadly on the road. But THC from marijuana and metabolites of drugs can be present in a person's system long after the effects of the drug wear off. These substances can remain in a person's blood stream in detectable amounts as long as 30 days after drug use.
In other words, you could be arrested for DUI a month after smoking pot.
In general, a person would not be subjected to a blood test if he or she was not involved in a serious accident or if he or she was not exhibiting signs of impairment. Police would need probable cause to make an arrest. Unfortunately, some unethical officers may "manufacture" probable cause, claiming to smell marijuana or saying they observe signs of impairment--like this state trooper who falsified at least 40 DUI arrests. Since the per se drugged driving law passed in Oklahoma, attorneys have noticed an increase in the number of clients seeking representation for a DUI arrest that happened days or weeks after drug use.
Driving drunk is dangerous. Driving high is dangerous. There is no question about that. However, prosecuting people for driving while unimpaired after prior drug use does not make sense. For now, though, the law as written allows for DUI charges for anyone with even trace amounts of a drug in the blood stream, even if those trace amounts have no impact on a person's ability to drive or his or her level of impairment.
Imagine if you had a few beers while watching the game on Sunday. You are a responsible adult, so you stayed home, watching the game from the comfort of your easy chair--after all, drinking and driving can be deadly. On Monday morning, you get up and head for work. You are running a little behind, so you drive a little faster than the speed limit. When you see the police car's flashing lights behind you, you are annoyed at the ticket you know you are about to get. Instead, you are arrested for DUI for the beers you drank yesterday.
It sounds ridiculous, and under the law, it could not happen--unless, instead of drinking beer, you smoked a joint.
Is it likely to be arrested for DUI three weeks after having smoked marijuana? No. Is it possible? Yes.
If you find yourself under arrest for DUI, call Coventon Criminal Defense for help. Click here for more information.
