Prescription or not, drug-impaired driving charges are treated as seriously as alcohol DUI.
The statutory framework under 47 O.S. § 11-902 explicitly encompasses impairment caused by any controlled dangerous substance, prescribed medication, or any other intoxicating substance that renders the operator incapable of safely driving a motor vehicle. The legal mechanisms for a "DUI Drugs" charge are identical to those involving alcohol intoxication. Because standardized field sobriety tests and breathalyzers are primarily calibrated for ethanol detection, the state relies heavily on certified Drug Recognition Experts (DREs) and toxicological blood analysis to prove chemical impairment in the courtroom. The modernized felony classifications—such as the Class C2 designation for repeat offenses—apply uniformly regardless of whether the impairing agent is alcohol, scheduled narcotics, or a combination of both.
DUI Drugs carries identical penalties to an alcohol-based DUI: a first offense is a misdemeanor carrying 10 days to 1 year in jail, up to a $1,000 fine, mandatory drug assessments, and extensive license revocation. The presence of Schedule I or II drugs in the vehicle may also trigger separate possession charges.
Drugged driving cases are often weaker than alcohol DUI cases because there is no way to test the present influence with marijuana, which is often the most common drug present in the blood system.This means the State’s blood test can only tell if marijuana is in the persons system, not if they are actively under the influence of it. We challenge the Drug Recognition Expert (DRE) evaluation process, question the reliability of drug blood tests, argue that the presence of a drug metabolite does not prove impairment at the time of driving, and challenge the officer's subjective observations.
We defend dui drugs cases in courts across northeastern Oklahoma, including state, federal, and tribal jurisdictions.
A DUI arrest does not have to define your future.
Aggravated DUI charges demand an aggressive defense.
A second DUI within 10 years is a felony. The stakes are much higher now.
A third DUI charge demands the most aggressive defense possible to protect your freedom.
A fourth DUI triggers maximum felony penalties. Do not face this without an experienced advocate.
Schedule a free, confidential consultation. A former prosecutor will review your case and outline your best defense options.