Marijuana and OVI in Carrollton

Any Carrollton OVI lawyer can confirm that marijuana was legalized for medical use in Ohio a few years ago. However, recreational use of marijuana remains illegal in the state.

Marijuana and Its Usage Statistics

Marijuana is officially the most commonly used illegal drug across the United States. According to the FBI, Ohio recorded over 17,000 marijuana possession arrests in 2013 alone.

While most people associate the term “OVI” with alcohol-related cases, you can also face an OVI charge for being under the influence of drugs. Marijuana is just one of the substances that can result in an OVI charge for drivers.

I Smoked a Joint Before Work. Can I Be Charged With OVI?

Ohio law clearly states that you can be charged with OVI if you are driving while impaired by either alcohol or a controlled substance, such as marijuana. Since marijuana is classified as a Schedule I drug, driving under its influence is strictly prohibited.

Unlike alcohol, where breath tests are commonly used by law enforcement officers, marijuana impairment is evaluated through blood or urine testing. Here are the thresholds that determine impairment per Ohio law:

• Urine test – At least 10 nanograms of marijuana per milliliter of urine.
• Blood test – At least 2 nanograms per milliliter (this could involve whole blood, blood plasma, or blood serum).

Understanding Drug Detection Times

It’s important to recognize that drugs, including marijuana, can remain in your system long after their initial effects have worn off. This is due to metabolites, which linger in your body for a period known as the “detection time.” Marijuana, in particular, has an extended detection time.

Here’s how long marijuana metabolites can stay in your system:

• A single use, such as one joint or a few puffs, can result in metabolites staying in your body for three days.
• Using the drug several times a week can extend the detection time to five days.
• For daily marijuana users, metabolites can remain for up to two weeks.
• Chronic users may need to wait up to a month for the metabolites to fully clear their system.

This poses a potential challenge for drivers. A chemical test could detect marijuana you used several days or even weeks ago, possibly leading law enforcement to mistakenly think you were impaired at the time of driving.

Should You Refuse Chemical Testing?

Given the possibility of lingering metabolites, you might wonder if refusing a urine or blood test is a safer option. However, refusing to comply with chemical testing will result in automatic administrative license suspension by the Bureau of Motor Vehicles. If convicted of OVI, you may also face an additional suspension imposed by the court.

Instead, the best course of action is to comply with the request for testing and consult a qualified Carrollton criminal lawyer who can challenge inaccurate test results. Youngstown Criminal Law Group is experienced in handling cases involving contested OVI charges.

OVI Penalties for Marijuana Use

Driving while impaired by marijuana carries the same penalties as driving under the influence of alcohol in Carroll County or other jurisdictions in Ohio. The severity of these penalties depends on the level of intoxication. Common consequences include:

• Fines
• Court-ordered license suspensions
• Jail time
• Restricted eligibility for limited driving privileges

If you’re facing charges for marijuana-related OVI, you need a dependable Carrollton OVI lawyer who can defend you effectively.

How We Can Help

The Youngstown Criminal Law Group has extensive experience defending individuals arrested for marijuana-related OVI charges, including those in Carroll County. Contact us today (330) 992-3036 for a consultation and to discuss your case further.

Together, we’ll fight for your rights and work toward the best possible outcome.