Operating a vehicle under the influence extends beyond alcohol and includes legal and illegal controlled substances. Police use similar tactics when they believe a driver is under the influence. They will employ chemical testing and field sobriety test to prove you are a drugged driver.
A report from the Governor’s highway Association discovered drugged driving has surpassed drunk driving as the leading factor in fatal crashes. This crime is charged the same as drunk driving, but you may face additional charges if you are found with drugs during the arrest.
Columbus, OH Drugged Driving Defense Lawyer
The sooner you take steps to build your defense, the better your chances of a more favorable outcome in court. We treat all of our clients with respect, and we are eager to help with your legal needs. Call to schedule a confidential consultation.
Joslyn Law Firm represents clients in counties across central Ohio such as Franklin County, Delaware County, Union County, Madison County and more.
- Ohio Drugged Driving Laws
- Penalties for Drugged Driving in Ohio
- Related Drugged Driving Crimes
- Additional Resources
Ohio Drugged Driving Laws
Just like in the rest of the United States, it’s illegal in Ohio to operate a vehicle while under the influence of alcohol or drugs. The state places a legal limit on how much of a controlled substance can be in your system while operating a vehicle. This amount varies by drug and chemical test.
Section 4511.19 of the Ohio Revised Code sets the following limits for drug driving:
|Amphetamine||500 nanograms per milliliter||100 nanograms per milliliter|
|Cocaine||150 nanograms per milliliter||50 nanograms per milliliter|
|Heroin||2,000 nanograms per milliliter||50 nanograms per milliliter|
|L.S.D||25 nanograms per milliliter||10 nanograms per milliliter|
|Marijuana||10 nanograms per milliliter||2 nanograms per milliliter|
|Methamphetamine||500 nanograms per milliliter||100 nanograms per milliliter|
|PCP||25 nanograms per milliliter||10 nanograms per milliliter|
When you accept an Ohio driver’s license, you agree to let the state test your breath, urine or blood for a controlled substance when you are suspected of OVI. This is called implied consent, and it’s defined under section 4511.191 of the Ohio Revised Code.
You have the right to refuse a field sobriety and chemical test, but when you are arrested, you cannot refuse without facing the consequences. The first time you refuse a chemical test, your license will be suspended for a year while a second refusal is punished by a two-year suspension.
You should always refuse a chemical test. Your driver’s license will be suspended and you will be arrested, but prosecutors will lack the crucial evidence needed to convict you of the offense.
Penalties for Drugged Driving in Ohio
Driving while under the influence of drugs is charged the same operating a vehicle while under the influence of alcohol. Depending on the circumstances of your case, the charges could be either a misdemeanor or a felony. Listed below are the possible penalties you could face for a DUID:
- First Offense: This is a first-degree misdemeanor punishable by a mandatory minimum sentence of 72 hours in jail but no more than six months. In addition to this, you could also face a fine between $375 and $1,075 and a license suspension for six months to three-years.
- Second Offense: A second offense is also charged as a first-degree misdemeanor punishable by a mandatory minimum sentence of 10 days in jail, but no more than six months. You may also face a fine ranging from $525 to $1,625, a license suspension for one to five years and be required to attend a drug and alcohol treatment program.
- Third Offense: This is an unclassified misdemeanor punishable by a minimum of 30 days behind bars, but no more than one year. The crime is also penalized by a fine ranging from $850 to $2,750, two to 10 years of a license suspension and participate in an alcohol and drug treatment program.
- Fourth / Fifth Offense: This is a fourth-degree felony. If convicted, you are required to spend 60 days behind bars but no more than a year, a fine ranging from $1,350 to $10,500 and a three-year license suspension. You will also be required to participate in a drug and alcohol treatment program.
Related Drug Driving Charges
Whenever you are arrested for driving under the influence of drugs, there is a chance you could face additional charges on top of an OVI charge. Charges related to drugged driving can include:
- Possession of marijuana
- Possession of a controlled substance
- Possession of paraphernalia / drug abuse instruments
- Possessing nitrous oxide in a motor vehicle
How these crimes are charged will depend on the amount and the type of drug found in your possession.
Additional Recourses for Drugged Driving
Operating a Vehicle Under the Influence of Drugs | Ohio Revised Code– Follow this link the read the full text of the section of the ORC governing drugged driving in Ohio. You can read the precise legal definitions of intoxicated driving and how juveniles are charged for the crime. The statute can be read on the Ohio Laws and Rules website.
Drug Offenses | Ohio Revised Code– Visit the Ohio Laws and Rules website to learn more about the state’s drug offenses. You can find out how the drug charges mentioned on this page are punished and learn more about other drug offense.
DUI Defense Attorney in Columbus, OH
Joslyn Law Firm has received national recognition for their DUI defense. Let us use this experience to your advantage. Call to schedule a confidential consultation.
We defend clients accused of drugged driving in central Ohio counties including Pickaway County, Fairfield County, Licking County and more.