Defending You Against Cannabis DUI Charges
When most people think of driving under the influence (DUI) charges, they think of alcohol and getting an experienced Oklahoma DUI defense attorney. But driving while high can also get you arrested. In fact, driving with almost any amount of marijuana in your system can lead to charges if you’re unlucky enough to get pulled over and tested – even if you were perfectly capable of driving safely and didn’t feel high.
Given the continually shifting legal landscape involving cannabis, the law in this area is underdeveloped and untested in the higher courts. That means that there may be many avenues for challenging your charges. At the Oklahoma City-based law firm of Fabian & Young we can defend you against weed-related DUI charges. We have more than 50 collective years of experience – which is the depth and breadth of DUI experience you need on your side when navigating this gray area of Oklahoma DUI law. Additionally, our lead attorney is a former police officer, so he knows the tricks that police and prosecutor officers pull.
If you need a Marijuana DUI defense attorney, contact the team at Fabian & Young today to learn more about how we can help you.
We’re Known For Shaping Oklahoma’s DUI Laws Through Tough, Aggressive Representation
In this evolving area of law, you want an Oklahoma cannabis DUI lawyer on your side who is willing to stand up to the system. We have done that in all kinds of DUI cases. Through our appellate work, we have helped change various aspects of our state’s DUI laws, and we are well-equipped to do the same for marijuana-related DUI offenses.
How To Avoid Marijuana DUI Charges
While Oklahoma has legalized medical cannabis, its marijuana DUI laws aren’t friendly to those who use weed. Even if you smoked days or weeks before, you could get pulled over, get tested and face charges if enough metabolites still remained in your system.
The best way to avoid cannabis DUI charges is to avoid getting pulled over. Police won’t have grounds to stop you if you comply with all traffic laws, including keeping the registration current on your plates and your vehicle lights in functioning order. If you do get pulled over, don’t tell the police anything about your cannabis use, even if you have a medical card. They will often test you simply for carrying a marijuana card.
To put it simply, if you get pulled over, stay silent.
Understanding the Complexities of Cannabis DUI Laws
As marijuana legalization continues to spread across the country, law enforcement and lawmakers are challenged with figuring out what should be considered “impaired driving” when it comes to cannabis. Unlike alcohol, which has a clear legal limit for blood alcohol content, there’s no universally accepted standard for marijuana impairment.
This uncertainty can lead to unfair arrests and charges, even for responsible users who are not impaired.
In Oklahoma, the laws surrounding marijuana DUIs are strict. You can be charged with marijuana DUI having only small amounts of THC in your system.
This means that regular users, including medical marijuana patients, are at constant risk of DUI charges because THC can be detectable for weeks after use.
The Lack of Science In Determining Marijuana Impairment
One of the biggest challenges in prosecuting marijuana DUIs is the lack of scientific agreement on how to measure cannabis impairment. Alcohol has a direct correlation between blood alcohol content and impairment. However, the relationship between THC levels and driving ability is much less clear.
THC, the primary active compound in marijuana, affects everyone differently. Factors such as tolerance, metabolism, and method of consumption can all impact how long the effects last and how they influence your driving ability.
Additionally, regular users may develop a tolerance that allows them to function normally even with detectable levels of THC in their system.
This scientific uncertainty creates opportunities for skilled marijuana DUI defense attorneys in Oklahoma to challenge the validity of marijuana DUI charges. By highlighting the lack of reliable impairment testing and the individual nature of marijuana’s effects, we can sometimes cast doubt on the prosecution’s case.
Your Rights During a Traffic Stop
Knowing your rights during a traffic stop is important for protecting yourself against potential marijuana DUI charges. While you should be respectful and cooperative with law enforcement, you also have the right to protect yourself from self-incrimination.
If you are pulled over, remember that you’re not required to answer questions about drug use and you do not have to consent to a search of your vehicle.
You must provide your license, registration, and insurance information. However, you may politely decline to answer questions. If the officer suspects you are under the influence, they may ask you to perform field sobriety tests. These tests are voluntary, and you have the right to refuse them.
However, refusing a chemical test (blood, breath, or urine) after being arrested can result in automatic license suspension under Oklahoma’s implied consent laws. Yet, this may be preferable to providing evidence that could be used against you in court.
The Impact of a Marijuana DUI Conviction
The consequences of a marijuana DUI conviction can be severe and long-lasting. In addition to potential jail time, fines, and license suspension, a conviction can have far-reaching effects on your personal and professional life.
A cannabis DUI on your record can make it difficult to find employment, especially in jobs that require driving. It can also lead to increased insurance rates, loss of professional licenses, and restrictions on travel to certain countries. For college students, a DUI conviction could result in a loss of scholarships or even expulsion.
These potential consequences show the importance of preparing a strong defense against cannabis DUI charges. It is essential to work with an experienced Oklahoma marijuana DUI defense attorney who has an extensive understanding of marijuana DUI laws.
Challenging the Evidence in Your Case
There are several potential avenues for challenging the evidence in a marijuana DUI case. One common approach is to question the validity of the initial traffic stop.
If the officer did not have probable cause to pull you over, any evidence obtained as a result of the stop may be inadmissible in court.
Another strategy is challenging the accuracy and reliability of any chemical tests used to detect THC in your system. These tests can be affected by several factors, including improper handling of samples, equipment malfunctions, and human error.
A skilled marijuana DUI defense lawyer in Oklahoma can scrutinize the testing procedures and potentially have the results thrown out if proper protocols were not followed.
We can also challenge field sobriety tests that are often used to establish probable cause for a DUI arrest. These tests were designed to detect alcohol impairment and may not be reliable indicators of marijuana intoxication.
Factors such as physical disabilities, nervousness, or even the weather conditions during the test can affect performance and lead to false positive results.
The Importance of Medical Marijuana Documentation
For medical marijuana patients in Oklahoma, having proper documentation is essential. While a medical marijuana card does not provide immunity from DUI charges, it can be an important part of your defense strategy.
It demonstrates that you have a legitimate reason for having THC in your system and may help explain any marijuana-related items found in your vehicle.
However, it’s important to remember that even with a medical card, you can still be charged with DUI if you are found to be impaired while driving. Always use your medication responsibly and avoid driving if you feel that your ability might be compromised.
Remember, a marijuana DUI charge does not need to ruin your life. With the right legal strategy and a dedicated defense team, you can fight these charges and help protect your future.
If you find yourself facing marijuana DUI charges in Oklahoma, call us for a free consultation. We are here to guide you through this legal battlefield and will fight tirelessly to protect your rights.
Find Out How We Can Fight For You – Free Consultation
We will fight to protect you – your reputation, driving privileges, freedom and future. Start standing up to the charges by contacting our office online or calling (405) 232-4384.