Potential Penalties for DUI of Marijuana

While some states have legalized the recreational and medicinal use of marijuana, it is still classified as a Schedule I substance in Oklahoma—one that is illegal to use, sell, manufacture or traffic.

Penalties for DUI of Marijuana

If you are caught driving under the influence of marijuana, you could face serious penalties, including:

• First offense: maximum $1,000 fine and/or 10 days to one year in jail; mandatory completion a substance abuse screening program
• Second offense (within 10 years): classified as a felony; maximum fine of $2,500 and/or one to five years in prison
• Second felony DUI offense: one to 10 years in prison, maximum $5,000 fine; once released, treatment at your expense, 240 community service hours and installation of an ignition interlock device
• Third and subsequent felony offenses: maximum $5,000 fine, one to 20 years in prison; once released, minimum of one year supervision and testing at your expense, 480 community service hours, ignition interlock device installed on your vehicle

If there was a minor in your vehicle at the time of your arrest, any fine associated with your conviction may be doubled and it will be filed as felony Child Endangerment.

At present, even the presence of marijuana metabolite in your system is considered a violation of the law. While the impairing effects of MJ may only stay active for 90 minutes, the metabolites (residue) can remain for up to 30 days.

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