Oklahoma’s drugged driving law is located at Oklahoma Statutes Title 47 O.S. Motor Vehicles § § 11-902 and prohibits a driver from operating a motor vehicle 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."
In other words, in Oklahoma it’s a crime to drive while under the influence of a drug. No blood testing standard is established in Oklahoma – that is, there is no fixed amount of drugs within the blood system that determines conviction. Whether a driver is impaired is determined on a case-by-case basis and at the discretion of the prosecutor.
Oklahoma’s drugged driving law is directed at the prohibition of any controlled “dangerous substance” which under Oklahoma law means any controlled dangerous substance, as defined in the Uniform Controlled Dangerous Substances Act 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 functions.” (A listing of controlled substances regulated by federal law are found at the Drug Enforcement Administration website.) It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the controlled substance.
A driver arrested for drugged driving in Oklahoma will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about Oklahoma’s DUI laws.
Yes, there is an implied consent rule for blood, saliva, and urine testing. The refusal to take the test can be admitted into evidence against the driver.