Oklahoma City Marijuana DUI Defense Attorney
At James J. Pasquali & Associates, we are committed to protecting drivers across Oklahoma who have been injured or arrested due to the negligence of others or unfair prosecution. Our team fights tirelessly to secure the justice and compensation you deserve after an accident or DUI arrest. Call (405) 605-8380 today for a free, confidential case review and take the first step toward protecting your rights.
Why Marijuana DUI Charges Are Different in Oklahoma
Oklahoma treats a marijuana-related DUI much like an alcohol DUI, yet key differences raise the stakes:
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Zero Tolerance Standard – Any measurable amount of THC can trigger an arrest, even if you are a registered medical marijuana patient.
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Complex Testing – Blood or urine tests often detect THC long after impairment fades, creating room for error.
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Severe Penalties – A first offense may carry up to one year in jail, a $1,000 fine, license suspension, and mandatory drug education. Repeat convictions quickly become felonies with multi-year prison sentences and high fines.
Because these cases blend science, medicine, and criminal law, you need an experienced Oklahoma City DUI lawyer who knows how to dismantle shaky evidence.
How Pasquali Law Firm Builds a Strong Defense
Our Oklahoma City cannabis DUI team applies a four-step strategy:
Challenge the Traffic Stop
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Was there reasonable suspicion to pull you over?
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Did the officer rely on the odor of marijuana alone?
Scrutinize Field Sobriety Tests
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Standard tests were created for alcohol, not THC.
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Medical conditions, fatigue, or anxiety can skew results.
Attack Chemical Evidence
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Question the timing of the blood draw.
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Expose improper storage or lab contamination.
Leverage Medical-Marijuana Defenses
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Holding a valid OMMA patient card can reduce or dismiss charges.
Oklahoma Marijuana DUI Laws at a Glance
Statute | What It Covers | Key Takeaway |
---|---|---|
47 O.S. § 11-902 | Driving “under the influence” of any intoxicating substance | THC qualifies as an intoxicant, but impairment must be proven. |
47 O.S. § 6-205.1 | Administrative license revocation | You have 30 days to request a DPS hearing after arrest. |
47 O.S. § 753 | Implied-consent rules for blood or saliva | Refusal triggers an immediate license suspension. |
Statewide Representation – Local Insight
Although we are based in Oklahoma City, Pasquali Law Firm defends drivers in Tulsa, Norman, Edmond, Lawton, Stillwater, and every rural county in between. Our familiarity with each district court helps us negotiate favorable plea deals or secure dismissals when evidence is weak.
Penalties for a Weed DUI in Oklahoma
First Offense (Misdemeanor)
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Up to 1 year in county jail
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Up to $1,000 in fines
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License suspension: 180 days
Second Offense (within 10 years)
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1–5 years in prison
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Up to $2,500 in fines
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License suspension: 1 year
Third or Subsequent Offense
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1–10 years in prison
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Up to $5,000 in fines
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License suspension: 3 years
Ignition interlock devices, community service, and drug treatment may also be required.
Frequently Asked Questions
Can medical marijuana patients still be charged with DUI?
Yes. Having an OMMA patient card does not protect you if the state claims you were “under the influence” while driving. However, a valid card can be part of a successful defense.
How long does THC stay in my system?
Blood tests may detect THC metabolites for up to 30 days after use, even though impairment typically lasts only a few hours. We use expert toxicologists to highlight this gap.
Will I lose my license automatically?
Not if you act fast. You must request a Department of Public Safety hearing within 30 days of arrest. Our team files this paperwork for you. Call (405) 605-8380 immediately after your arrest to protect your license.
Take Action Today
A marijuana DUI can derail your job, your license, and your freedom. Don’t face prosecutors alone. Contact Pasquali Law Firm at (405) 605-8380 today for aggressive defense representation in Oklahoma City and beyond.
James J. Pasquali & Associates – Attorneys at Law Your future in America deserves a strong advocate.
Se habla español. Interpreters available in other languages upon request.

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