The “Intoxicating Substance” in Oklahoma

Oklahoma’s laws against drunk driving also prohibit driving under the influence of any intoxicating or controlled substance. In this article, learn what these substances are and why driving while using them is akin to driving while using alcohol.

Oklahomans using any amount of a Schedule I controlled substance while operating a motor vehicle can be charged with a crime. 47 O.S. § 11-902(A)(3). Some examples of controlled substances are: opiates, LSD, marijuana, amphetamines, heroin, codeine, and more. 63 O.S. § 2-204. Notably, Oklahoma just amended its definition of marijuana to exclude federally approved cannabidiol (CBD) drugs or substances. Oklahoma H.B. 1559 (2017).

The law also prohibits driving while under the influence of “any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle”. 47 O.S. § 11-902(A)(4). “Intoxicating substance” includes “any controlled dangerous substance, … or any other substance, other than alcohol, which is capable of being ingested, inhaled, injected, or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing, or other sensory or motor function.” 47 O.S. § 1-140.1. By using this phrasing, the law encompasses other non-controlled substances that, if used in sufficient quantities, could impair driving. For example, if a driver had “huffed” paint thinner or another substance and it affected his behavior, cognition, etc. in the judgment of a law enforcement officer, he could be arrested.

Importantly, it does not matter if you have a prescription or other lawful entitlement to use alcohol, a controlled substance, or another intoxicating substance for purposes of driving under the influence. You still can be arrested, and a prescription is not a defense against the charge. 47 O.S. § 11-902(B). Driving while using these substances is considered to be dangerous because they impair drivers’ judgment, motor skills, and other abilities needed to safely control a motor vehicle.

Not all intoxicating or controlled substances will be detectable in a breath test. A blood test may be necessary and may be requested by the arresting officer to confirm the substance or substances used by the driver. Oklahoma law prohibits driving under the influence of a mixture of alcohol and other intoxicating substances, so even if the driver blows under 0.08 on the breath test, the presence of other substances in his blood could lead to criminal charges. 47 O.S. § 11-902(A)(5).

Have you been charged with a DUI in Oklahoma? Seek out the attorney who knows DUI law so well that he teaches other attorneys and law enforcement about sobriety testing techniques. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.