Understanding Drugged Driving Laws in Ohio

Navigating the complexities of Ohio’s drugged driving laws is essential for all drivers. Operating a vehicle under the influence of drugs (also referred to as DUI or DUID) is a serious offense in Ohio, with stringent regulations around both illegal substances and certain prescription medications. Knowing these laws ensures drivers stay within legal boundaries while promoting safety on the road.

Legal Stance on Controlled Substances and Driving

Ohio law explicitly prohibits driving while under the influence of controlled substances. This applies to the following substances and situations:

• Cannabis and derivatives
• Illegal narcotics such as cocaine, heroin
• Prescription medications often prescribed for pain and anxiety management

Even properly prescribed medications can lead to DUI charges if they impair a person’s ability to operate a vehicle safely.

Ohio has “per se” laws for drugged driving, meaning it is illegal to operate a vehicle if specific drugs are present in your system above a defined threshold, regardless of perceived impairment. These drugs include the following:

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

If a blood or urine test is conducted within three hours of a suspected violation, the results are often upheld in court.

Prescription Drug Defense Explained

Under Section 4511.19(K)(1)-(2) of Ohio’s Revised Code, individuals charged with DUI or DWI have a defense if the substance was taken as prescribed by a licensed health professional. However, this defense does not extend to cannabis, even when its use is recommended by a doctor, as such recommendations are not classified as prescriptions.

Ohio’s Implied Consent Laws

When driving in Ohio, motorists are deemed to have given implied consent to chemical testing (blood, breath, or urine) to check for drug or alcohol content.

Refusal to comply with a lawful request for testing triggers significant administrative penalties, which include the following consequences:

• First refusal: One-year administrative penalty
• Second refusal: Two-year administrative penalty
• Third refusal: Three-year administrative penalty

The arresting officer’s agency selects the type of test administered, and consulting a Carrollton criminal lawyer before deciding to comply or refuse is typically not an option. Drivers must make the decision themselves at the moment.

Understanding and respecting Ohio’s implied consent laws are crucial for staying informed and compliant while driving. These laws aim to ensure safety and accountability for all road users.

Ohio’s Penalties for Drugged Driving

Driving under the influence of substances—whether marijuana, other drugs, or alcohol—carries significant penalties in Ohio. The severity of repercussions depends on the number of prior offenses within a set timeframe.

First-Time OVI Offense

• Classified as a 1st-degree misdemeanor
• Mandatory imprisonment of at least 3 consecutive days, up to a maximum of 6 months
• Possible alternative participation in a driver’s intervention program
• Fines ranging from $375 to $1,075
• License suspension for 6 months to 3 years

Second OVI Offense (Within 6 Years)

• Still considered a 1st-degree misdemeanor
• Minimum of 10 consecutive days in jail, with up to 6 months of potential imprisonment
• Court-ordered alcohol and drug treatment evaluation
• Fines between $525 and $1,625
• License suspension for 1 to 5 years
• 90-day vehicle and license plate seizure

Third OVI Offense (Within 6 Years)

• Categorized as a 1st-degree misdemeanor
• Imprisonment for at least 30 consecutive days, up to 1 year
• Fines from $850 to $2,750
• License suspension for 2 to 10 years
• Mandatory attendance at an addiction treatment program
• Criminal forfeiture of the offender’s vehicle

Fourth or Fifth OVI Offense

• Elevated to a 4th-degree felony
• Minimum jail time of 60 consecutive days, with a range up to 5 years
• Fines starting at $1,350, with a limit of $10,500
• License suspension lasting 3 years to life
• Required participation in an addiction program
• Potential for vehicle forfeiture

Sixth or Subsequent OVI Offense

• Considered a 3rd-degree felony
• Minimum imprisonment of 120 consecutive days and up to 5 years
• Fines between $1,350 and $10,500
• License suspension
• Mandatory addiction treatment program participation
• Likely criminal vehicle forfeiture

DUID for Marijuana in Ohio

Ohio’s laws firmly prohibit vehicle operation under the influence of marijuana, alcohol, or other drugs. This falls under the state’s Operating a Vehicle Impaired (OVI) statutes.

A “per se” offense occurs if chemical testing detects specific levels of alcohol or prohibited substances, regardless of visible impairment. Thresholds for marijuana-related DUI in Ohio include the following measurements:

• Urine THC levels exceeding 10 ng/ml
• Blood THC levels above 2 ng/ml
• THC-COOH in urine over 15 ng/ml (or 50 ng/ml in the blood) when no alcohol or drugs co-occur
• With alcohol or other drugs present: Minimum of 15 ng/ml in urine or 5 ng/ml in blood

Testing positive for THC above these limits can result in DUI charges, as defined under Ohio Revised Code Annotated Section 4511.19.

Additional Resources and Legal Help

For individuals in Carrollton or Carroll County facing OVI-related charges, seeking professional legal assistance is essential. The Youngstown Criminal Law Group specializes in defending against charges related to operating vehicles impaired by drugs, alcohol, or prescription medications. Whether dealing with marijuana-related limits or prescription drug cases, contacting a Carrollton OVI lawyer can provide critical support.

NORML offers comprehensive resources on Ohio’s drugged driving laws, detailing permissible substance use, legal consequences, and applicable statutes.

To get professional guidance, contact the Youngstown Criminal Law Group or call (330) 992-3036 to review your case in detail.