DUI and Marijuana
While a DUI charge may call to mind an offense based on drinking alcohol, you can also be charged with driving under the influence of drugs, such as marijuana. With marijuana use becoming increasingly popular in the United States, law enforcement officers have been trained in how to spot drivers who are under its influence while driving.
A DUI charge, formally known as OVI in Ohio carries the possibility of serious charges, from jail time to a mark on your criminal record. To face these charges with confidence, you need the help of an experienced criminal defense attorney.
Ohio Marijuana OVI Attorney
Joslyn Law Firm has represented hundreds of clients across Ohio who have faced a wide range of DUI charges, including offenses involving marijuana. They can examine your individual case and decide on a defense plan that's right for your needs. You'll be going through multiple phases of your criminal proceedings, and Joslyn Law Firm can guide you through each.
Call (614) 444-0900 today to schedule your free consultation if you're charged with driving under the influence of marijuana in the Central Ohio area, including cities like Gove City, Cincinnati, Hamilton, Sharonville, and Middletown.
Ohio's Laws for Driving Under the Influence of Marijuana
Ohio's criminal laws outline exactly what is considered driving under the influence of marijuana. According to Ohio Rev. Code § 4511.19, when the offender "has a concentration of marihuana in the person's urine of at least ten nanograms of marihuana per milliliter of the person's urine or has a concentration of marihuana in the person's whole blood or blood serum or plasma of at least two nanograms of marihuana per milliliter of the person's whole blood or blood serum or plasma", they are considered to be impaired.
These concentrations of marijuana are established through chemical tests of a person's urine or blood. These tests are generally ordered by a police officer if a driver is suspected of driving under the influence of a drug. A positive chemical test does not guarantee that you will convicted though, and a Cincinnati attorney can help fight a chemical test that incriminates you.
There are several factors that can lead an officer to suspect drug use, such as:
- Blood shot eyes
- Slurred or nonsensical speech
- Stumbling or difficulty standing or walking
- Delayed reactions
If a test reveals an illegal amount of marijuana in the offender's system, they will charged with an OVI offense in the same way that a drunk driver would be.
Penalties for an OVI Charge Involving Marijuana Use
The potential consequences of a marijuana DUI charge vary depending on the offender's prior record. For a first-offender, the charge is usually a first degree misdemeanor, with potential penalties that include a minimum of 72 hours in jail that can be extended up to 180 days, a fine of up to $1,075 and a mark on their criminal record that can interfere with future opportunities. The court can also order the offender to take part in an intervention program in lieu of prison time, or in addition to it. These combined times cannot exceed 6 months, however.
Outside of the courtroom, an OVI charge can have other consequences. This offense can interfere with your educational and employment opportunities throughout Hamilton County. In addition, this charge can drastically affect your auto insurance rates, or you could be dropped from your policy altogether.
Defending You From a Marijuana DUI Charge
While marijuana DUI charges are relatively common, they can be quite difficult to prove in court. Chemical tests show marijuana in the blood or urine within days of its use, meaning that the driver may not actually have been impaired. In some cases, a lawyer may be able to seek out a drug-program for you rather than serving time in prison. An arrest does not guarantee a conviction, and an attorney can help you fight against this charge.
Hiring a DUI with Marijuana Attorney in Ohio
Joslyn Law Firm is not afraid to take on a challenging case, and we know exactly what you're up against. A DUI charge can have a lasting influence on your driving record, and we can fight on your behalf to keep that from happening. If you're facing an OVI charge in Clermont County, Greene County, Butler County, and the surrounding areas, schedule your free consultation appointment today. Call Joslyn Law Firm at (614) 444-1900.