Marijuana and OVI in Jefferson

Marijuana became legal for medical use in Ohio a few years back. But don’t get the wrong idea—you still can’t smoke it just for fun. Recreational marijuana use remains a crime across the state.

The numbers tell an interesting story. Marijuana is the most commonly used illegal drug in the entire United States. The FBI reported that Ohio recorded more than 17,000 marijuana possession arrests in 2013 alone.

When most people hear the term “OVI,” their minds jump straight to alcohol. However, you can also face an OVI charge for driving under the influence of drugs. Marijuana is one of the substances that can land a driver with an OVI. As any Jefferson Ohio OVI attorney will explain, the law treats drug impairment seriously.

I Smoked a Joint on My Way to Work. Can I Be Charged With OVI?

Ohio law is clear: you can be charged with OVI if you drive while intoxicated by either alcohol or a controlled substance. Marijuana falls under the Schedule I drug category. This means that if you’re pulled over and found to be impaired after smoking a joint, you can be charged with OVI.

With alcohol, police usually rely on breath tests to measure a driver’s intoxication. That approach doesn’t work for marijuana, though. Instead, the officer will ask you to take a blood or urine test. A skilled Jefferson Ohio criminal lawyer can help you understand exactly what these tests involve.

To be considered intoxicated “per se,” your test results need to hit one of these thresholds:

• Urine test – at least 10 nanograms of marijuana per millimeter of urine.
• Blood test – at least 2 nanograms per millimeter. This applies to whole blood, blood plasma, or blood serum.

Detection Timing

Here’s something many drivers don’t realize: the drugs you take stay in your body long after the high wears off. Drugs contain substances called metabolites, which linger in your system for a set period. This window is known as the drug’s “detection time.” Some drugs clear out faster than others, but marijuana has one of the longest detection times around. That fact can create real headaches when a driver gets tested for marijuana use.

Smoke a single joint—or even take just a few puffs—and the metabolites from that pot can hang around in your system for three days. Use marijuana a few times a week, and that window stretches to five days. Daily users will find it takes a full two weeks for the metabolites to clear. For chronic marijuana users, it’s not unusual to wait an entire month before the metabolites finally leave their body. A knowledgeable Jefferson Ohio OVI attorney understands how these timelines affect your case.

So what does this mean for you as a driver? The chemical tests you’re asked to take could detect pot you smoked last week or even last month. Drug tests simply can’t pinpoint when you used the substance. As a result, officers may wrongly assume you were driving impaired, even though you hadn’t touched marijuana in days.

Refusing to Submit to Chemical Tests

After reading all this, you might think refusing a urine or blood test is your smartest move. That assumption would be a mistake. If you refuse chemical testing, the Bureau of Motor Vehicles will automatically suspend your license through an administrative process. And if you’re later convicted of OVI, the court will likely tack on an additional suspension on top of that.

So if an officer asks you for a blood or urine sample, go ahead and provide it. A talented Jefferson Ohio criminal lawyer will find it far easier to challenge faulty test results than you would find getting your license back after losing it for no good reason.

OVI Penalties and Marijuana

The penalties for driving while impaired by marijuana mirror those handed to a driver charged with an alcohol-related OVI. How severe the penalties get depends on your level of intoxication. Still, every level brings fines, jail time, court-ordered license suspensions, and a stretch of time during which you can’t qualify for limited driving privileges. An experienced Jefferson Ohio OVI attorney can fight to reduce these consequences.

At Youngstown Criminal Law Group, we have plenty of experience defending drivers arrested on marijuana-related OVI charges in Ashtabula County. Call us today at (330) 791-8104 to discuss your case.