Oklahoma law takes a strict stance on impaired driving, and that includes impairment caused by marijuana. While recreational cannabis remains illegal in our state, medical marijuana is widely used under licensed programs. Still, patients with valid medical cards can face serious legal trouble if caught driving under the influence—just as much as those without cards. Let’s go over how a DUI of marijuana in Oklahoma works, what the law considers “impairment,” and how to defend yourself if you are facing this type of charge.
How does DUI of Marijuana in Oklahoma work?
In Oklahoma, DUI doesn’t apply only to only alcohol. State law defines it as operating a vehicle “under the influence of any intoxicating substance” that impairs your ability to drive safely. That includes marijuana and other controlled substances, legal or not.
A DUI of marijuana (sometimes referred to as DUI-D (Driving Under the Influence of Drugs)), occurs when a person operates a motor vehicle while impaired by THC or another substance derived from cannabis.
Oklahoma’s DUI-D laws do not require proof that a person’s driving was erratic—only that the driver was incapable of safely operating the vehicle because of drug use.
Even trace amounts of THC in your system can lead to an arrest, since the state does not have a specific threshold (like the 0.08% BAC standard for alcohol) to determine impairment. Law enforcement relies on officer observations, field sobriety tests, and toxicology reports to build a case.
Medical Marijuana and DUI Laws
Having a medical marijuana card in Oklahoma does not grant some sort of immunity from DUI-D charges. Cardholders are still prohibited from operating a vehicle while under the influence. Remember, the key factor is impairment, not the legality of use.
That said, proving impairment from marijuana is far more subjective than with alcohol. THC can linger in a person’s body for days or even weeks after use, long after any intoxicating effects have worn off. That means it’s entirely possible for someone to test positive during a traffic stop even if they weren’t impaired at the time of driving.
Courts and defense attorneys often focus on this distinction when challenging marijuana DUI charges—whether there was sufficient evidence of impairment beyond a positive drug test.
Penalties for DUI of Marijuana in Oklahoma
A first-time marijuana DUI in Oklahoma is typically charged as a misdemeanor, but penalties can still be harsh. They may include:
- Up to one year in county jail
- Fines of up to $1,000
- Driver’s license suspension (typically six months for a first offense)
- Mandatory substance abuse assessment and possible treatment program
A second or subsequent offense can be charged as a felony, and the penalties can escalate to multi-year prison terms, higher fines, longer license suspensions, etc. Even a misdemeanor conviction can have long-term consequences, such as higher insurance rates, employment issues, and a permanent mark on your criminal record.
Defending Against Marijuana DUI Charges
Defending against a DUI of marijuana in Oklahoma hinges on the quality and credibility of the evidence against you. Your defense attorney can challenge aspects like:
- The legality of the traffic stop or search
- The accuracy of field sobriety or drug recognition tests
- The reliability of the toxicology results
- The lack of clear evidence showing actual impairment
Of course, every case is different, but these challenges can lead to reduced penalties or even a dismissal of the charges altogether.
What to Do After a Marijuana DUI Arrest
If you’ve been arrested for a marijuana DUI, the most important thing to do is contact an attorney immediately. Oklahoma’s DUI laws give drivers only 15 days to request a hearing to challenge their driver’s license suspension. Missing that deadline could mean an automatic suspension, no matter the outcome of your criminal case. Plus, you need an attorney to help you navigate the process, protect your driving privileges, and prepare a strong defense for court.
TL;DR: Common Questions We Get About DUI of Marijuana in Oklahoma
Is marijuana impairment measured the same way as alcohol?
Not at all. Oklahoma has no defined THC limit, so officers and prosecutors must rely on subjective evidence like behavior, field sobriety performance, or chemical tests showing THC presence.
Can I be charged with DUI if I used marijuana days before driving?
Yes—THC can remain in your bloodstream long after use. However, the prosecution must still prove you were impaired while driving, not merely that THC was present.
Does having a medical marijuana card protect me?
Nope. Even medical marijuana patients can be charged with DUI if the state claims they were impaired at the time of driving.
What happens if I refuse a blood or urine test?
Refusing a test violates Oklahoma’s implied consent laws, resulting in an automatic driver’s license suspension and possibly being used as evidence of guilt. Learn more about refusing sobriety tests here.
Can a marijuana DUI be expunged later?
Possibly. Certain misdemeanor DUI convictions can be expunged after a waiting period if all sentencing terms have been completed and no new offenses have occurred.
“Marijuana DUI cases are some of the most misunderstood in Oklahoma. These cases are rarely black and white. We see clients accused of impairment long after the effects of marijuana have worn off. The key is exposing the weaknesses in the state’s evidence.”
– Tyler Box, Partner
Your Legal Team Makes All the Difference
Getting charged with a DUI of marijuana in Oklahoma can have big consequences for your freedom, reputation, driving privileges, and plenty more. Here’s the reality: The laws surrounding marijuana use and impairment are complex, and often unfairly applied because of it. Having a knowledgeable, aggressive defense attorney can make the difference between a conviction and a cleared record.
We’re ready to step in on your behalf. If you’ve been arrested for a marijuana DUI, contact the team at Overman Legal immediately for a confidential consultation. Our attorneys understand how to challenge unreliable evidence, protect your rights, and pursue the best possible outcome for your case.
