Interim study experts support current practices for DUI drug testing in Oklahoma

OKLAHOMA CITY – The Senate Public Safety Committee held an interim study on Monday examining best practices for DUI testing for medical marijuana and other drugs. Sen. Michael Brooks, D-Oklahoma City, requested the study after legislation was introduced last session to require testing for drugs, comparable to the breathalyzer or blood tests for alcohol.  Brooks said the concern is how best to protect public safety, while ensuring people who may test positive for a substance but who are not impaired, are not arrested or convicted for DUI.

“What we learned from multiple experts in testing, law enforcement, and criminal defense is that they all agreed trying to use a set numerical limit, like with alcohol, or even just a test to determine any presence of marijuana or  other drugs won’t really work,” Brooks said.  “For example, with medical marijuana, the impairment after smoking may last two to four hours, but it can be detectable anywhere from two days to three weeks after smoking. In addition, a specific medication, may impact different individuals in very different ways.”

Experts testifying at the study included Josh Smith, director of the Board of Tests for Alcohol and Drug Influence; Dr. Jarrad Wagner, chairman of Board of Tests for Alcohol and Drug Influence and a professor with the School of Forensic Sciences, Oklahoma State University Center for Health Sciences; Master Sgt. David Roberts, state coordinator, Drug Recognition Expert Program; and Brian Morton, criminal defense lawyer and DUI specialist, Hunsucker Law Office.

Committee members heard that while there is scientific data to establish set, or “per se” levels for alcohol, it was not the case for other substances. All the experts agreed, the best practice continued to be field sobriety tests conducted by trained law enforcement to identify impaired drivers. They recommended no changes in current state law.

“We learned there is more advanced training available for determining DUI for drugs, but that training takes weeks, and that can be a hardship for understaffed departments,” Brooks said. “While no statutory changes were recommended by these experts, after hearing their testimony, I do think we should advocate for more resources to enable law enforcement throughout the state to receive this higher level of training—but at this point, our best tool for getting drug impaired drivers off the road continues to be the field sobriety tests officers are all trained to perform.”

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For more information, contact:  Sen. Brooks: (405) 521-5557 or Michael.Brooks@oksenate.gov