Marijuana Law and Driving

Ohio Marijuana DUI Attorney ǀ Operating a Vehicle Impaired 

Drug laws in Ohio are shifting. A recent election made recreational marijuana legal for adults over 21. Recreational marijuana may be on its way to being legal nationwide, but driving under the influence of drugs is not. In Ohio, you can still face stiff legal penalties for drug-related offenses, especially traffic violations that include impaired driving.

At The Law Offices of Saia, Marrocco & Jensen Inc., we have an impressive track record of helping individuals facing OVI (Operating a Vehicle Impaired) and other criminal charges fight back. We are a results-oriented defense team committed to pursuing the most favorable outcome possible under the circumstances of your case. With more than 100 years of combined legal experience, we have the resources and knowledge to deliver effective legal representation.

If you are facing OVI charges, secure a criminal defense lawyer immediately. Contact our office and request a confidential legal consultation. We have offices across Ohio and can help people who are facing impaired driving charges in Columbus, Delaware, Mt. Gilead, New Lexington, Cambridge, and surrounding communities.

Ohio Marijuana and Impaired Driving Laws 

Understanding Ohio’s impaired driving laws is the key to a strategic defense plan. In Ohio, impaired driving is called operating a vehicle under the influence or OVI. In some areas, people still refer to OVI as DUI or driving under the influence. Most people mistakenly believe that you can only face OVI charges if you have a blood alcohol concentration of .08 percent or higher. That is not the case. Several scenarios can lead to Ohio OVI charges, including:

• The individual has a BAC of .08 percent or higher.
• The individual has a specific concentration of marijuana, methamphetamine, amphetamine, PCP, LSD, cocaine, or heroin in their system.
• Drugs, alcohol, or both impair the individual to the point where it “adversely affected and appreciably impaired” the individual’s actions, reactions, or mental processes.

Marijuana

• Urine test – 10 ng/ml
• Blood test – 2 ng/ml

Marijuana Metabolite

• Urine test – 35 ng/ml
• Blood test – 50 ng/ml

Marijuana Metabolite combined with Alcohol or Other Drugs

• Urine test – 15 ng/ml
• Blood test – 5 ng/ml

However, one of the problems with marijuana and THC testing is that THC and THC metabolites can be detected in the blood and urine weeks after an individual has consumed cannabis. A person who consumes cannabis and then gets stopped by police days or weeks later can find themselves fighting OVI charges due to blood and urine tests that show the presence of THC.

If you get charged with a marijuana driving offense, you must seek legal representation as soon as possible to protect yourself and your rights. A DUI defense attorney understands the complexities that can stem from a marijuana-related OVI offense. 

What Is Implied Consent? 

It may seem that refusing to submit to a blood or urine test is an easy way out of facing a marijuana-related OVI charge. Unfortunately, that tactic is not the solution to your predicament. Ohio has an implied consent law. This law specifies that anyone who drives in Ohio has given their “implied” consent to submit to breath, blood, or urine testing if they’re arrested for operating a vehicle under the influence.

By refusing to submit to chemical testing, you are violating the state’s implied consent law. Penalties for violating the implied consent law include the suspension of your driver’s license.

Penalties for a Drug-Related OVI Conviction in Ohio

Ohio does not make a specific distinction between the penalties for alcohol and drug-related OVI cases. The potential penalties an individual can face for an OVI conviction in Ohio can include: 

OVI First Offense

• Fines between $375 and $1,075
• Jail time between three days to six months
• License suspension between one to three years

OVI Second Offense

• Fines between $525 and $1,625
• Jail time between ten days to six months
• License suspension between one to seven years

OVI Third Offense

• Fines between $850 and $2,750
• Jail time between 30 days to one year
• License suspension between two to 12 years

The severity of these penalties can increase in situations where an impaired driver causes an accident that involves significant bodily harm or death. In certain situations, a judge has the discretion to recommend participation in substance abuse treatment programs instead of jail time. 

Beyond criminal penalties, an OVI conviction can also increase your car insurance premiums and cause other financial hardships. Without a valid driver’s license, you may be unable to make it to work, or you’ll need to turn to expensive ride-sharing services to keep your job. An OVI conviction not only tarnishes your personal and professional reputation, but a criminal conviction can also hurt your career and housing prospects.

A criminal record can lead to far-reaching consequences that impact your daily life. An attorney can help you understand your legal rights and the best path forward. 

Defense Tactics for an Ohio Drug-Related OVI

Facing a drug-related OVI offense charge can feel overwhelming. However, there are tactics that an experienced defense lawyer can utilize to challenge a marijuana OVI violation. Some of the defense strategies that may be effective in marijuana-related OVI cases include:

• Questioning whether the officer has probable cause to conduct the traffic stop
• Challenging the validity of the chemical blood and urine tests
• Determining whether chemical tests were contaminated or mishandled
• Determining whether blood or urine tests were properly administered
• Challenging whether law enforcement complied with statutory drug testing requirements
• Claiming the prosecution lacks evidence to prove the charges
• Investigating whether illegal search and seizure procedures were used
• Searching for other rights violations

Proving THC impairment can be more challenging because the substance remains in the blood for an extended period. An aggressive defense attorney has opportunities to challenge positive drug test results and whether law enforcement had probable cause to make an OVI arrest.

At The Law Offices of Saia, Marrocco & Jensen Inc., we offer personalized legal representation. That means we will tailor our defense strategy to the facts in your case. Our criminal defense team will thoroughly review your case and offer legal advice based on your specific situation. We understand that no two drug-related OVI cases are the same, so you’ll never get cookie-cutter legal advice from our lawyers.

Our Defense Lawyers Are Ready to Fight for Your Future 

Operating a vehicle while impaired charges can be frightening. At The Law Offices of Saia, Marrocco & Jensen Inc., we understand what’s at stake for you: your future and freedom. Our aggressive criminal defense attorneys have an outstanding track record of helping clients achieve favorable outcomes. We want to do the same for you.

Contact our office today to arrange a confidential consultation about your situation. Our offices are conveniently located across Ohio, including in Columbus, Delaware, Mt. Gilead, New Lexington, and Cambridge, to serve you.