Understanding Drugged Driving Laws in Ohio

Navigating laws surrounding operating a vehicle under the influence of drugs can feel challenging, but understanding them is essential to stay legally compliant. Ohio takes driving under the influence of drugs (DUI or DUID) seriously, with strict rules applying to both illegal drugs and certain prescribed medications.

Legal Stance on Controlled Substances and Driving

Ohio law explicitly prohibits driving while under the influence of controlled substances. These regulations cover:

• Cannabis and its derivatives
• Illegal narcotics such as cocaine and heroin
• Commonly prescribed medications for managing pain or anxiety

Even medications obtained legally through prescription can result in a DUI charge if they impair your ability to drive safely.

Ohio classifies some offenses as “per se” DUI violations. This means driving is illegal if specific concentrations of certain drugs are detected in your system, regardless of actual impairment. Substances monitored under these statutes include:

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

If a blood or urine test is conducted within three hours of suspected impairment, the results are generally admissible in court.

Prescription Drug Defense Explained

Per Ohio Revised Code 4511.19(K)(1)-(2), a defense exists for individuals charged under the influence of a controlled substance if the substance was taken as prescribed by a licensed health professional. However, the same does not apply to cannabis prescribed via a doctor’s recommendation, as it is not legally classified as a prescription.

Ohio’s Implied Consent and Its Consequences

By driving on Ohio’s roads, all motorists implicitly agree to chemical testing for alcohol, drug, or other intoxicants when lawfully requested. Refusal to comply triggers serious administrative penalties:

• First refusal – One-year administrative suspension
• Second refusal – Two-year administrative suspension
• Third refusal – Three-year administrative suspension

The arresting officers decide which tests to administer. It’s essential to note that consulting a Cadiz criminal lawyer before deciding whether to comply with testing is generally not permitted. The decision rests entirely with the driver.

Understanding and adhering to these regulations is vital for anyone driving in Ohio. These laws are crafted not only to enforce legal standards but to protect all road users. Stay informed and responsible on the road.

Ohio’s Penalties for Drugged Driving

Operating a vehicle under the influence of drugs, whether from marijuana or other substances, attracts strict penalties in Ohio. The legal consequences are consistent across all impairing substances. Below is a breakdown of the penalties for Operating a Vehicle Impaired (OVI):

First-Time OVI Offenses

• Classified as a 1st-degree misdemeanor
• Mandatory imprisonment of 3 consecutive days (up to 6 months possible)
• Option to attend a driver’s intervention program instead of jail
• Fines ranging from $375 to $1075
• License suspension for 6 months to 3 years

Reference: Ohio Rev. Code Ann. § 4511.19(G)(1)(a); § 4510.02(A)(5)

Second OVI Within 6 Years

• Offense remains a 1st-degree misdemeanor
• Minimum 10 consecutive days of jail time (up to 6 months imprisonment)
• Court-ordered evaluation for an alcohol and drug treatment program
• Fines range from $525 to $1625
• License suspension spans 1 to 5 years
• Offender’s vehicle and license plates will be seized for 90 days

Reference: R.C. § 4511.19(G)(1)(b); § 4510.02(A)(4); § 4511.193(B)(2)(a)

Third OVI Within 6 Years

• Still categorized as a 1st-degree misdemeanor
• Minimum 30 consecutive days of imprisonment (up to 1 year possible)
• Fines between $850 and $2750
• License suspension of 2 to 10 years
• Mandatory participation in an addiction program
• Forfeiture of the offender’s vehicle

Reference: R.C. § 4511.19(G)(1)(c)

Fourth or Fifth OVI Offense

• Upgraded to a 4th-degree felony
• Minimum 60 days of jail time consecutively
• Possible jail time ranges from 1 to 5 years
• Fines start at $1350 and cap at $10,500
• License suspension spans 3 years to life
• Compulsory involvement in an addiction program
• Potential for vehicle forfeiture

Reference: R.C. § 4511.19(G)(1)(d)

Sixth or Subsequent OVIs

• Classified as a 3rd-degree felony
• Minimum 120 consecutive days of imprisonment
• Possible jail term listed as 1 to 5 years
• Fines from $1350 to $10,500
• License suspension guaranteed
• Mandatory enrollment in an addiction program
• Potential vehicle forfeiture upon conviction

Reference: R.C. § 4511.19(G)(1)(d)

 Driving Under the Influence of Marijuana

Driving while under the influence of marijuana remains strictly prohibited in Ohio, categorized as OVI (similar to DUI). A “per se” offense arises when specific thresholds are surpassed, irrespective of visible impairment. For marijuana, the thresholds in Ohio are as follows:

• Marijuana (urine): 10 ng/ml
• Marijuana (blood): 2 ng/ml
• Marijuana metabolite (urine): 35 ng/ml or 50 ng/ml (blood)
• Combined substance presence (marijuana + others): 15 ng/ml (urine) or 5 ng/ml (blood)

An OVI offense is triggered if THC levels exceed 2 ng/ml (blood) or 15 ng/ml (urine). Consult Ohio Revised Code Annotated Section 4511.19 for more details.

Additional Legal Assistance

Legal guidance in Harrison County is available through the Youngstown Criminal Law Group, which specializes in representing those charged with OVI offenses. Whether it involves marijuana, prescription medications, or illegal substances, we offer informed and strategic defense.

For support, reach out to us or call at (330) 992-3036 to discuss your case. Our expertise as Cadiz criminal lawyers can help you protect your rights and understand your legal options.