Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW

The Oklahoma Legal Group Blog

DUI Dismissal

Adam Banner - Thursday, June 13, 2013

We were able to secure a dismissal for one of our clients facing a charge for DUI in Oklahoma. In case you are a complete square, or you just have an issue with acronyms, DUI stands for "Driving Under the Influence." Usually, these charges are alcohol-related, and they stem from an arrest for an individual operating a motorized vehicle with a alcohol-blood content level of .08 or more. You can also be charged with driving under the influence of drugs though, and in such an instance the prosecution would have to prove both a qualitative analysis and a quantitative analysis as well. That basically boils down to whether or not the state can show that:

1.) there were narcotics in your bloodstream while you were driving and

2.) there were enough narcotics in your bloodstream to impair your driving ability.

The recent dismissal we secured was for an alcohol related DUI. The prosecution failed to prove that the client had a high enough blood alcohol content level to meet its burden.

While we are on the topic of DUIs though, I wanted to alert everyone, in case you haven't heard, that Oklahoma is beginning to enforce a "zero tolerance" policy for trace marijuana metabolites in the bloodstream pursuant to Oklahoma House Bill 1441. This is a ridiculous position to take, and it has received a great  deal of backlash from the criminal-defense community.

The effects of marijuana are not long lasting, and by no means would there be impairment days, weeks, or months, after infestation or inhalation. However, now if you smoke or eat marijuana and are stopped by an officer in Oklahoma, the state can charge you with being under the influence of drugs if it is able to discover even a trace amount of the substance in your urine, blood, or saliva.

This brings up a ton of issues with interstate travel and due process. Oklahoma is now saying that you can go to Colorado, or any other state where marijuana is legal, use the substance, and then some time weeks or possibly months down the road, be charged with driving under the influence of drugs. While very few states have outright legalized marijuana, eighteen states have either decriminalized its use or have medical marijuana laws in place. For some biting criticism regarding the new Oklahoma marijuana laws, you can read here.

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