Driving Under the Influence of Drugs (DUID)
Until recently most people had never heard the term "DUID" which stands for Driving Under the Influence of Drugs." As you can surmise, a DUID is an ordinary DUI except that the intoxicating agent is some drug other that alcohol (or another drug in combination with alcohol). DUID cases are occurring with never-before-seen frequency. That change promises to continue as marijuana legalization takes hold nationwide and police agencies try to make up lost marijuana arrests with DUID arrests. Historically, lawyers who specialize in DUI cases have focused the majority of their training remaining up-to-date on Field Sobriety Testing, the various breathalyzer machine models and other intricacies of defending the DUI cases arising from alcohol. However, most of the unique "expertise" of an alcohol DUI specialist is simply irrelevant to defending a DUID case.
Toughest Laws in the Nation
Oklahoma as the strictest DUID legislation in the United States! On October 1, 2013, Oklahoma became a strict liability and zero tolerance state. In Oklahoma, if you drive with ny detachable amount of a schedule 1 drug or its metabolites in your bloodstream (or other bodily fluid) you are automatically guilty of DUI, even if only inactive metabolites are found. That means that you smoke a joint, you can be guilty if DUI any time you drive on Oklahoma's roads for the next 30 days! Consequently, if you have any detectable amount of schedule 1 controlled substance in your system, your case me be won before the chemical testing stage if it is to be won before trial. Moreover, whether or not you realize it, you can be DUID on your lawfully prescribed medications if, in an officer's opinion, that medication has rendered you incapable of safely operating a motor vehicle.
One Arrest = Two Lawsuits??
Typically, a DUI(D) arrest initiates two distinct cases, one is a criminal case wherein the government seeks to punish the arrestee for the crime of Driving Under the Influence. The other case is a civil case wherein, the Department of Public safety seeks revocation of the arrestee's driving privileges from anywhere from six months to life depending upon the arrestee's prior history. An arrestee typically has only 15 days from the date of arrest (cases involving blood tests often have more time) to request an Adminstrative Hearing regarding the loss of his/her license. Failure to request that hearing results in the loss of one's license by default. Even if you feel certain that you will lose the hearing, it is important to preserve your right to a hearing in order to better defend your criminal case and/or acquire a modification of the suspension of your license to drive.
In addition to the civil case and its consequences, DUI(D) is a crime. Your first offense in a ten year period is a misdemeanor and carries a penalty of up to one year in jail and/or a $1,000 fine. However, rarely does the government actually want to put you in jail on your first or even second offense because DUI(D) has become such a major source of governmental funding that too many personnel would go unpaid if you were to go to jail. Thus the legislature and court system are generally happy to seek "rehabilitation" as opposed to punishment for your first or second and often even third offense. Consequently, initiating Rehabilitative Measures proactively well before beginning negotiations almost always results in a better outcome if your case results in a plea bargain or blind plea.
Your second DUI and/or DUID occurring in a ten year period can be a felony. A felony conviction refers you a second class citizen. Many rights and privileges that we take for granted disappear when you become a convicted felon.
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