Marijuana and OVI in New Castle

A few years ago, marijuana was legalized for medical purposes, a fact any experienced criminal lawyer in New Castle can confirm. However, this doesn’t grant a license for recreational use. In Ohio, using marijuana for non-medical reasons remains against the law.

Data reveals that marijuana is the most frequently used illicit substance in the United States. Citing FBI statistics, Ohio recorded over 17,000 arrests for marijuana possession back in 2013.

While the term “OVI” typically brings alcohol to mind, a person can face the same charge for driving under the influence of drugs. Marijuana is one of several substances that can result in an OVI charge for a driver.

I Used Marijuana Before Driving to Work. Can I Be Charged with OVI?

Under Ohio law, you can be charged with OVI if you operate a vehicle while impaired by alcohol or a controlled substance. Marijuana is categorized as a Schedule I controlled substance. This classification means you could face an OVI charge if you’re pulled over and found to be intoxicated from using marijuana. For those seeking legal advice, a New Castle DUI lawyer can provide guidance on these specific charges.

In cases of alcohol intoxication, police officers commonly use breath tests to check a driver’s impairment. This method is ineffective for detecting marijuana. Instead, an officer will likely request a blood or urine sample from the driver for chemical testing.

To be considered “per se” intoxicated, which means legally impaired based on the test results alone, your sample must meet one of the following thresholds:

• Urine test: A concentration of at least 10 nanograms of marijuana per milliliter of urine.
• Blood test: A concentration of at least 2 nanograms per milliliter, which can be measured in whole blood, blood plasma, or blood serum.

Detection Timing

It’s important to understand that substances remain in your system long after the feeling of being “high” has faded. Drugs contain components called metabolites, which stay in your body for a specific duration known as the drug’s “detection time.” The detection window varies between different drugs, and marijuana has one of the longer periods. This can create significant issues when a driver is tested. A New Castle criminal lawyer can explain how these detection times can impact your case.

If you smoke a single joint, or even just take a couple of puffs, the metabolites can be detected in your system for up to three days. For someone who uses the drug a few times a week, this window extends to five days. Regular daily users may find that it takes two full weeks for the metabolites to clear. It is not unheard of for chronic users to need a month or more for all traces of the metabolites to leave their system.

What this means for a driver is that a chemical test could show evidence of marijuana used last week or even last month. Drug tests are unable to pinpoint the exact time of use, which could lead police to mistakenly believe you were driving impaired when, in fact, you had not used marijuana for several days. Consulting with a New Castle DUI lawyer is advisable in such complex situations.

Refusing to Submit to Chemical Tests

Given this information, you might assume that refusing a blood or urine test is the best course of action. This assumption is incorrect. If you refuse to submit to chemical testing, the Bureau of Motor Vehicles will automatically suspend your license administratively. If you are later convicted of the OVI, the court will likely impose an additional suspension.

If an officer asks you to provide a blood or urine sample, it is generally wise to comply. It is often much easier for a New Castle criminal lawyer to challenge the validity of test results than it is to deal with an automatic license suspension for refusal.

OVI Penalties and Marijuana

The penalties for driving while impaired by marijuana are identical to those for an alcohol-related OVI. The severity of the punishment depends on the level of intoxication, but all convictions include fines, potential jail time, a court-mandated license suspension, and a period where you are ineligible for limited driving privileges. A knowledgeable New Castle DUI lawyer can help you navigate the potential penalties you may be facing.

New Castle Criminal Law Group has extensive experience defending drivers arrested for marijuana-related OVI. Contact us today at (330) 992-3036 for assistance.