DUI of Drugs
Drunk driving is not the only way to be charged with the offense of driving under the influence. Considering the full legal phrasing, driving under the influence is a catchall for the many different substances that have the potential to impair a driver. This can include many different drugs such as cocaine, heroin, LSD, marijuana, and prescription drugs.
If a police office has reason to believe you are driving under the influence of drugs, even over the counter or prescription drugs, he or she may order chemical testing.
No matter the circumstances behind your DUI stop and subsequent arrest, a qualified criminal defense attorney can help combat the charges against you. If you have been charged with a drugged driving in Hamilton County or elsewhere in Central Ohio, it is vital that you first talk with a lawyer before discussing the case with anyone else.
Ohio Drugged DUI Attorney
In a case that involves drugged driving, the necessity for a criminal defense attorney is quite high considering the subjective nature of such an arrest. Sometimes cases are cut and dry, but considering the fact that drugs have such different effects, it is very difficult to prove that the person was in fact under the influence or unable to operate a vehicle safely.
An experienced DUI defense attorney will carefully scrutinize the evidence surrounding the case and aim to dismiss the case or pursue other favorable options such as not guilty verdicts or pre-trial intervention programs. At the Joslyn Law Firm, team of lawyers is guided by an intense adherence to the constitutional rights of every Ohio citizen. Our attorneys will work tirelessly to protect your name and freedom from the unfortunate consequences of conviction.
Joslyn Law Firm proudly represents individuals and families throughout Central Ohio, including the cities of Cincinnati, Hamilton, Middletown, Lebanon, Sharonville, Blue Ash, Fairfield, Mason and Oxford, among many others.
Call (513) 399-6289 or send an online message to schedule a free and confidential consultation to go over your drugged driving charges with the attorneys at Joslyn Law Firmtoday. A quick response time is very important to the firm, so we will immediately begin working on your case after discussing the details and your options.
An Analysis of Drugged OVI Laws in Ohio
- DUI with Drugs under Ohio Law
- Penalties and Fines for Drug OVI Convictions
- Potential Related Drug Charges
- Finding Attorneys Experienced in Ohio Drug OVI Cases
DUI with Drugs under Ohio Law
The statute regarding drugged OVI is found in Section 4511.19 of the Ohio Revised Code. This statute discusses driving under the influence in its many forms. Where drunk driving is dictated by having a blood alcohol content (BAC) of .08 or higher, drugged driving is rated in a similar fashion but with different standards. For each illicit substance, there is a certain concentration level needed to cite for the offense.
Here are the general concentration guidelines from the most common drugs:
The person has a concentration of amphetamine (meth) in their urine of at least 500 nanograms (per milliliter) OR 100 nanograms (per milliliter) in their blood.
The person has a concentration of cocaine (coke, blow) in their urine of at least 150 nanograms OR at least 50 nanograms in their blood.
The person has a concentration of heroin in their urine of at least 150 nanograms OR at least 50 nanograms in their blood.
The person has a concentration of LSD (acid) in their urine of at least 25 nanograms OR at least 10 nanograms in their blood.
The person has a concentration of marihuana (marijuana, weed, bud, pot) in their urine of at least ten nanograms OR at least two nanograms in their blood.
Penalties and Fines for Drug OVI Convictions
The presumptive sentencing for a OVI with drugs in Ohio will be similar to that of someone who was convicted of drunk driving. This includes the possibility for many different sanctions, such as jail, fines, drug and alcohol awareness classes and license suspension. A first time DUI with drugs charge will usually be considered a misdemeanor of the first degree.
This charge is subject to change depending on if there was a serious injury or death involved. If convicted of a first-degree misdemeanor, there is a maximum sentence of six months (180 days) in jail. This time is added on top of the states mandatory three day jail sentence for those convicted of driving under the influence. The fines that are required post-conviction will be no less than $375 and no more than $1,075.
If it is your second drugged DUI conviction, According to §4511.19, a person arrested for a second DUI or OVI may have to deal with a 10-day mandatory jail sentence, up to 180 days jail time, $300-$1,500 in fines and a 1-5 year driver’s license suspension.
Potential Related Drug Charges
Depending on the circumstances of your arrest, you may face additional misdemeanor or felony drug charges. This can commonly include:
- Possession of Controlled Substances– Ohio Rev. Code § 2925.11
- commonly includes cocaine (coke), ecstasy (X, molly), methamphetamine (meth), PCP
- Possession of Paraphernalia / Drug Abuse Instruments – Ohio Rev. Code § 2925.12
- can include rolling papers, bongs, pipes, syringes, scales, grinders
- Possession of Marijuana– Ohio Revised Code § 2925
- also known as weed, pot, cannabis, and bud, among others
The penalties for these charges can be severe, in of themselves, and hinge largely on the quantity and type of drugs involved as well as your criminal record. First time offenders may be eligible for special probation and expungement under the Federal First Time Offender Act.
Finding Attorneys Experienced in Ohio Drug OVI Cases
If you or a loved one has been arrested for operating a vehicle under the influence of drugs, even if the drugs involved were prescribed by a doctor, it's critical to consider all of your legal options and find the best defense attorney you can.
Our DUI lawyers are experienced at representing individuals who have been charged with driving under the influence of narcotics or prescription drugs in Cincinnati and the surrounding areas. They are committed to helping you clear your name and overcome the charges.
Call (513) 399-6289 or send an online message to schedule a free and confidential consultation to go over your DUI case with the attorneys at the Joslyn Law Firm today. A dedication to comprehensive representation along with a quick response time allows our attorneys to immediately begin working on your criminal case.