Oklahoma’s new Metabolite DUI-D law sets strict standards for the amount of a controlled substance allowed in a driver’s blood. As a result, it is illegal for drivers to have metabolites in their bloodstream that are commonly associated with the recent use of a Schedule I drug, such as marijuana.
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 the drug in their system.
Besides marijuana, the law will give drivers a DUI-D if they have trace amounts of any Schedule I drug in their system, including drugs such as heroin, LSD, ecstasy, and bath salts. Critics argue, however, that the new law threatens drivers who have done nothing wrong.
Issues with Oklahoma’s Metabolite DUI-D Law
While the law is notably aimed at keeping those who are intoxicated with Schedule I drugs off the road, it could unnecessarily punish drivers who have legally used drugs for medicinal purposes, such as marijuana, in another state and then returned to Oklahoma weeks later with traces of the drug still in their system.
In addition, some metabolites that indicate the use of certain Schedule I drugs are also found naturally in the human body. In fact, the body naturally produces certain metabolites associated with the use of an illegal substance during stressful situations, strenuous exercise, or as a reaction to painful stimulus.
Furthermore, certain commonly consumed food products, such as poppy seeds, produce trace amounts of morphine in the body, which can mistakenly be seen to indicate the recent use of heroin.
Moreover, some prescription drugs, such as pain medication that contains codeine, metabolize into a Schedule I drug once they are in the human body. As a result, someone who has been using legal medication may be charged with a DUI-D, since the law clearly states that possession of a prescription is no defense to a DUI-D conviction.
For these reasons, many argue that the law is overreaching, since it can lead to more false positives and charges levied against drivers who were not intoxicated than charges against drivers who are indeed intoxicated with an illegal Schedule I drug. Additionally, drivers should be able to avoid a conviction if they have a valid prescription for a drug that metabolizes and shows as a Schedule I drug in their system.
Proponents of the law, however, argue that the law is reasonable since Oklahomans are not allowed to be in possession of Schedule I drugs anyway. Also, supporters of the law emphasize that a police officer must have probable cause to stop a driver, and the driver must fail a field sobriety test before a test will be administered to check for the presence of Schedule I drugs in his or her system.
What To Do if You are Charged with DUI-D in Oklahoma
While the new law was likely written to target those who drive under the influence of marijuana, the state will have to rely on confessions to prove a DUI-D since the current law lacks rules and procedures that conclusively test for and indicate the recent use of Schedule I substances. In order to get the necessary confession, the police may attempt to cajole or intimidate the suspect.
For this reason, it is important that you 1) exercise your constitutional right to remain silent when being questioned, and 2) consult with an experienced defense attorney before admitting to anything if you are suspected of driving under the influence of marijuana or any controlled substance.
Initial Consultation: Tulsa DUI Attorney
If you’ve been arrested for a DUI in Oklahoma, it’s time to reach out to a team that knows how the police and prosecutors in Tulsa operate. Just because you’ve been arrested doesn’t mean you don’t have rights. That’s why you need a Tulsa DUI Attorney who can provide skillful assistance in your case.
Simply call our team at the Tulsa Criminal Defense Law Firm at (918) 256-3400 for a no-hassle, confidential consultation. If you prefer the Tulsa DUI attorney to call you or reach you by email, click here to ask your questions via the online consultation request form.