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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Oklahoma Drugged Driving

In Oklahoma, it is unlawful 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 is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle. Okla. Stat. Ann. tit. 47, § 11-902 (West 2009).

Affirmative Defense

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. Id. § 8-1567(c).

Implied Consent

  • Any person who operates a motor vehicle upon the public roads, highways, streets, turnpikes or other public place or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings within this state shall be deemed to have given consent to a test or tests of such person's blood, saliva or urine for determining the presence or concentration of any intoxicating substance if arrested for any offense arising out of acts alleged to have been committed while the person was operating or in actual physical control of a motor vehicle while under the influence of alcohol or other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance. Id. § 751.

  • If a conscious person under arrest refuses to submit to testing of his or her blood or breath for the purpose of determining the alcohol concentration thereof, or to a test of his or her blood, saliva or urine for the purpose of determining the presence or concentration of any other intoxicating substance, none shall be given, but the Commissioner of Public Safety shall revoke the license to drive and any nonresident operating privilege. Id. § 753.

Penalties

  • First offense misdemeanor - Offender required to participate in a drug/alcohol assessment; imprisonment in jail for not less than ten (10) days nor more than one (1) year; fine of not more than One Thousand Dollars ($ 1,000.00). Id. § 11-902(C)(1).

  • Second offense (within ten (10) years) felony - offender will be placed in the custody of the Department of Corrections fornot less than one (1) year and not to exceed five (5) years; fine of not more than Two-Thousand Five Hundred Dollars ($2,500). Id. § 11-902(C)(2).

  • Second felony DUI conviction- treatment at offender's expense; two hundred forty (240) hours of community service; use of an ignition interlock device; OR offender will be placed in the custody of the Department of Corrections for not less than one (1) year and not to exceed ten (10) years; fine of not more than Five Thousand Dollars ($ 5,000.00). Id. § 11-902(C)(3).

  • Third or subsequent felony DUI conviction - not less than one (1) year of supervision and periodic testing at the defendant'sexpense; four hundred eighty (480) hours of community service; use of an ignition interlock device for a minimum of thirty (30)days; ORoffender will be placed in the custody of the Department of Corrections for not less than one (1) year and not to exceed twenty (20) years fine of not more than Five Thousand Dollars ($ 5,000.00). Id. § 11-902(C)(4).

Other Penalties & Penalty Enhancers

  • When a person is eighteen (18) years of age or older and commits DUI with a child less than eighteen (18) years of age in the vehicle, the fine shall be enhanced to double the amount of the fine imposed for the underlying driving under the influence (DUI) violation which shall be in addition to any other penalties allowed by this section. Id. § 11-902(M)(1).

Sobriety Checkpoints

Oklahoma permits sobriety checkpoints under the state and federal Constitution.

  • Roadblocks must be publicized beforehand; roadblocks must be well lit with signs. Geopfert v. State Ex Re., 884 P.2d 1218 (1994).

Case Law

Phares v. Department of Public Safety, 507 P.2d 1225 (1973) -- Motorist's refusal to submit to chemical test until he had consulted with counsel was a "refusal" under statute. 

Oklahoma Penalties


Incarceration


Fine

Possession

any amount (first offense)

misdemeanor

1 year*

fine

any amount (subsequent offense)

felony

2 - 10 years

fine

*Conditional discharge available.

Cultivation

1000 plants or less

felony

2 years - life

$20,000

More than 1000 plants

felony

20 years - life

$50,000

Sale

Less than 25 lbs

felony

2 years - life

$20,000

25 lbs to 1000 lbs

felony

4 years - life

$25,000 - $100,000

1000 lbs or more

felony

4 years - life

$100,000 - $500,000

To minors

felony

double penalty

double penalty

Within 2,000 feet of schools, public parks or public housing

felony

double penalty + MMS**

double penalty

**Mandatory minimum sentence of 50% of the imposed sentence.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

paraphernalia

misdemeanor

1 year

<$1,000

paraphernalia (2nd offense)

misdemeanor

1 year

<$5,000

paraphernalia (3rd offense)

misdemeanor

1 year

<$10,000

Any conviction causes driver's license suspension for 6 months to 3 years.

 

Details

 

Possession of any amount of marijuana is punishable by up to one year in jail for the first offense and 2 - 10 years in prison for subsequent offenses. Conditional discharge is available to first time offenders.

Cultivation of 1,000 plants or less is punishable by 2 years - life in prison and a fine up to $20,000. Cultivation of greater than 1,000 plants is punishable by 20 years - life in prison and a fine up to $50,000.

Sale or delivery of less than 25 pounds is punishable by 2 years - life in prison and a fine of $20,000. For sale or delivery of 25 pounds or more the penalties increase to 4 years - life in prison and a fine of $25,000 - $100,000. Sale or delivery of 1,000 pounds or more is also punishable by 4 years - life in prison, but the fine increases to $100,000 - $500,000. Any sale to a minor doubles the penalties. Sale within 2,000 feet of schools, public parks or public housing doubles the available penalties and carries a mandatory minimum sentence of 50% of the imposed sentence.

If eighteen (18) years of age or over who delivering/ selling drug paraphernalia to a person under eighteen (18) years of age shall, upon conviction, be guilty of a felony and causes driver's license suspension for 6 months to 3 years.

Any person convicted of any offense described in this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of One Hundred Dollars ($100.00) to be deposited into the Trauma Care Assistance Revolving Fund.

If never been previously convicted these offenses under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled dangerous substance, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as it may require including the requirement that such person cooperate in a treatment and rehabilitation program of a state-supported or state-approved facility, if available.

Any student loan, grant, fellowship, teaching fellowship or other means of financial assistance authorized by and/or under the control of the Oklahoma State Regents for Higher Education, any operating Board of Regents of Oklahoma Universities or Colleges, or any employee or employees of any university, college or other institution of higher learning, whether such loan, grant, fellowship, teaching fellowship or other means of financial assistance be financed by state or federal funds, or both, may be revoked or terminated by the person or persons authorizing and/or controlling same for any of the following reasons: unlawful manufacture, preparation, delivery, sale, offering for sale, barter, furnishing, giving away, possession, control, use or administering of narcotic drugs, marijuana, barbiturates or stimulants.



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