Understanding Drugged Driving Laws in Ohio

Navigating Ohio’s laws on driving under the influence of drugs can be complicated. It’s crucial to understand these rules to ensure you are acting within the law. In Ohio, operating a vehicle while impaired by drugs, known as DUI or DUID, is a serious offense. The regulations are strict and apply to both illegal drugs and certain prescription medications.

Legal Position on Driving and Controlled Substances

The Ohio Revised Code clearly states it is illegal to drive while under the influence of controlled substances. This includes:

• Marijuana and its derivatives
• Illegal drugs like cocaine and heroin
• Common prescription medications used for pain and anxiety

It is important to understand that even if you have a valid prescription for a medication, you can still be charged with a DUI if it impairs your ability to drive safely. A qualified New Castle criminal lawyer from Youngstown Criminal Law Group can provide guidance on how this applies to your specific situation.

Ohio law also defines “per se” offenses for drugged driving. This means it is illegal to drive with specific concentrations of certain drugs in your system, regardless of whether you feel impaired. These substances include:

• Marijuana (Cannabis)
• Marijuana metabolites
• Amphetamine
• Cocaine and its metabolites
• Heroin, including 6-monoacetylmorphine
• LSD (acid)
• Methamphetamine
• Phencyclidine (PCP)
• Salvia divinorum and Salvinorin A

If a blood or urine test is performed within three hours of the suspected violation, the results are generally considered valid in court.

The Prescription Drug Defense Explained

According to sections 4511.19(K)(1)-(2) of the Ohio Revised Code, a defense is available if the controlled substance was taken according to a valid prescription from a licensed medical professional. However, this defense does not apply to medical marijuana recommendations, as these are not considered legal prescriptions. If you find yourself in this situation, consulting a New Castle DUI lawyer is essential to understand your rights.

Ohio’s Implied Consent Law and Its Consequences

When you drive on Ohio roads, you automatically give “implied consent” to chemical testing of your blood, breath, or urine to check for alcohol or drugs.

Refusing a lawful request for testing results in significant administrative penalties:

• First refusal: A one-year administrative license suspension.
• Second refusal: A two-year administrative license suspension.
• Third refusal: A three-year administrative license suspension.

The arresting officer’s law enforcement agency determines which tests are administered. It’s important to note that you typically do not have the right to consult a lawyer before deciding whether to take or refuse a test; the decision is yours alone. Seeking advice from a New Castle criminal lawyer after the fact can help you navigate the consequences.

Ohio’s Penalties for Drugged Driving

Driving while impaired by marijuana, other drugs, or alcohol carries severe penalties in Ohio. The legal consequences are the same regardless of the substance. Here is a breakdown of the penalties for Operating a Vehicle Impaired (OVI):

First-Time OVI Offenses

• Classified as a 1st-degree misdemeanor.
• A mandatory minimum of 3 consecutive days in jail, with a potential maximum of 6 months.
• The court may allow a driver’s intervention program instead of jail time.
• Fines range from $375 to $1,075.
• A license suspension lasting from 6 months to 3 years.
• Reference: Ohio Rev. Code Ann. § 4511.19(G)(1)(a); § 4510.02(A)(5). A New Castle DUI lawyer can help clarify these penalties.

Second OVI Within 6 Years

• Also a 1st-degree misdemeanor.
• A minimum of 10 consecutive days in jail, with a maximum of 6 months.
• A court-ordered assessment for an alcohol and drug treatment program.
• Fines between $525 and $1,625.
• License suspension for one to five years (Class 4).
• The vehicle and license plates are seized for 90 days.
• See R.C. § 4511.19(G)(1)(b); § 4510.02(A)(4); § 4511.193(B)(2)(a).

Third OVI Within 6 Years

• Classified as a 1st-degree misdemeanor.
• Jail time of at least 30 consecutive days, up to a maximum of 1 year.
• Fines from $850 to $2,750.
• License suspension for 2 to 10 years (Class 3).
• Mandatory participation in an addiction program.
• Criminal forfeiture of the vehicle.
• For details, consult R.C. § 4511.19(G)(1)(c). A New Castle criminal lawyer can provide further details.

Fourth or Fifth OVI Offense

• Upgraded to a 4th-degree felony.
• A minimum of 60 consecutive days of imprisonment.
• Potential jail sentence from one to five years.
• Fines ranging from $1,350 to $10,500.
• License suspension from 3 years to life.
• Mandatory participation in an addiction program.
• Possible vehicle forfeiture.
• Guidance is available at R.C. § 4511.19(G)(1)(d).

Sixth or Subsequent OVIs

• Categorized as a 3rd-degree felony.
• A minimum of 120 consecutive days in jail.
• Potential jail time from one to five years.
• Fines between $1,350 and $10,500.
• A mandatory license suspension.
• Mandatory participation in an addiction program.
• Potential for criminal vehicle forfeiture.
• Refer to R.C. § 4511.19(G)(1)(d) for more information. A skilled New Castle DUI lawyer can be crucial in such serious cases.

DUID for Marijuana in Ohio

Ohio has strict laws against operating a vehicle while under the influence of alcohol, drugs, or a mix of both. This offense is known as OVI, but it is often referred to as “DUI.”

A “per se” offense means you can be charged if a chemical test shows a certain concentration of a prohibited substance, even without proof of actual impairment. For marijuana, the “per se” limits in Ohio are:

• Urine: 10 ng/ml of marijuana
• Blood: 2 ng/ml of marijuana
• Urine: 35 ng/ml of marijuana metabolite
• Blood: 50 ng/ml of marijuana metabolite
• With alcohol or other drugs present: 15 ng/ml in urine or 5 ng/ml in blood

An offense is committed if THC levels are over 2 ng/ml in the blood or THC-COOH levels are above 15 ng/ml in the urine (Ohio Revised Code Annotated Section 4511.19). A New Castle criminal lawyer can challenge the validity of these tests.

Additional Resources and Legal Assistance

NORML offers a detailed overview of Ohio’s drugged driving laws, with a specific focus on marijuana. It provides a summary of legal limits, penalties, and the statutes that apply to OVI offenses.

If you are facing an OVI charge for drug use in New Castle, Ohio, it is vital to seek legal help from an experienced New Castle DUI lawyer. Legal professionals specializing in OVI defense can provide the support you need. They are experts in representing individuals accused of driving while impaired, whether the substance involved is marijuana, illegal drugs, or prescription medications. Contact a legal expert to discuss the specifics of your case. Call us now at (330) 992-3036 for free consultation