When Is a Drug DWI a Felony in Oklahoma?

When most people think of driving under the influence, they picture someone stumbling out of a bar after having one too many drinks. While this is the most common occurrence, those who drive under the influence of a drug can also face a DWI charge in Oklahoma. However, it’s important to understand the circumstances that raise this to a felony offense. The following blog explores what you should know about these matters and how an Oklahoma City felony defense lawyer can assist you through these complicated matters to help you fight for the best possible outcome.

Can I Be Charged with a DWI for Driving High?

In Oklahoma, anyone charged with driving under the influence of drugs will face a DUI-D charge. While you may assume this means exclusively hard narcotics, this is not the case. While the presence of any Schedule I substance in your body will warrant a DUI-D, you should know this is not the only way you can be charged.

In Oklahoma, Marijuana is considered a Schedule I drug for the purposes of a DUI-D charge. This means if you are found driving with any trace of marijuana in your system, even if it is not active, you will face a DUI-D. Unfortunately, because marijuana can stay in your system for weeks, you can run the risk of facing a charge even if you haven’t felt the physical impacts of the drug in days.

As mentioned, it’s not only narcotics that can warrant a DUI-D. If you are taking prescription or over-the-counter medication that impairs your ability to drive, you can face charges. As many of these drugs can have side effects, it’s not recommended to drive while taking them until you understand the impact they can have on you. Just because you have a legal prescription from a doctor does not mean you cannot face charges if the medication makes it unsafe for you to drive.

Is a Drug DWI a Felony in Oklahoma?

While most first offenses for a DUI-D in Oklahoma are considered misdemeanors, you’ll find that in specific circumstances, this can be charged as a felony offense. Typically, if this is your second drug DWI in ten years, you cause an accident that leads to bodily harm or death, or you have a child in the car, it is charged as a felony offense in Oklahoma.

A DUI-D carries intense penalties. Depending on the circumstances of your crime, you can face anywhere between one and twenty years behind bars, an extended license suspension, and fines of up to $5,000.

If you are facing a felony charge for allegedly driving under the influence of drugs in Oklahoma, it can have a serious impact on your future. As such, you should connect with an experienced criminal defense attorney from the Jones Firm, PLLC to assist you in these complicated matters. We understand how overwhelming these matters can be, which is why we will do everything possible to help you fight for the best possible outcome for your unique circumstances. Contact our office today to discuss your situation with a member of our dedicated team.