Last year, Oklahoma joined several other states to enact what are referred to as narcotic “per se” DUI, or metabolite DUI standards. The new law added the underlined section below, which expanded the ways in which a person can be arrested and charged with DUI in Oklahoma:

It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:

(3) Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person’s blood, saliva, urine or any other bodily fluid at the time of a test of such person’s blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person;[1]

The law sets forth that any amount of marijuana in the driver’s system at the time of the offense will conclusively establish impairment. This means a prosecutor will not need to present any additional evidence in order to establish that the driver was under the influence. The Oklahoma per se law includes marijuana metabolites, which can remain in a person’s body for days, weeks, or longer after marijuana use. While metabolites indicate that the person ingested marijuana at some point in the past, they do not indicate how long ago, or necessarily point to current impairment.

You may ask, what if I legally ingest marijuana in another state either recreationally or for a medical purpose, can I still be held to the per se standard if I’m later arrested in Oklahoma? The Oklahoma statute sets forth the following:

“the fact that any person charged with a violation of this section is or has been lawfully entitled to use alcohol or a controlled dangerous substance or any other intoxicating substance shall not constitute a defense against any charge of violating this section.”[2]

If you have questions regarding Oklahoma per se DUI laws, marijuana metabolite DUI, or any other question relating to the information contained above, contact our Tulsa DUI Attorney at (918)994-2340 for a free consultation.

[1] Oklahoma Statute 47 O.S. 11-902(A).

[2] Oklahoma Statute 47 O.S. 11-902(B).


The Jeff Krigel Law Firm, PLLC is a full-service Oklahoma law firm dedicated to achieving your legal goals in a competent, trusting, and result oriented manner. The firm is based in Tulsa, Oklahoma, and handles criminal defense matters in all Oklahoma Counties. If you have been Arrested in Tulsa, it is important to seek the help of a qualified attorney. Whether you are seeking help from a Tulsa DUI lawyer, speeding tickets in Tulsa, or a lawyer for any other crime, we offer free consultations and have payment plans available. There is no reason not speak with someone regarding your case. Give us a call today for an honest legal opinion regarding your criminal law matter.