DUI and Prescription Drugs
While DUI charges usually involve a drunk driver, the laws against driving under the influence also include the influence of drugs. Prescription drugs can affect the perception and actions of a driver, and a charge for driving while influenced by prescription medicines is a serious offense. If you are suspected of driving in this condition, a police officer may request a chemical test to see what drugs are in your system. If the test shows certain amounts of drugs, this may be used as evidence against your during your case.
An attorney on your side can help you fight against this accusation. A DUI charge can affect your future in many ways, and you need the help of an experience lawyer to ensure that you can move past this charge and return to your daily life.
Ohio Prescription Drug DUI Lawyer
Joslyn Law Firm has represented hundreds of clients across Ohio who have been accused of driving while under the influence of prescription drugs. You're facing a serious charge with the possibility of jail time, heavy fines, and the loss of your driving privileges. Our attorneys know that a proactive defense is the best approach to protecting your future from these potential penalties.
The Definition of Driving While Drugged in Ohio
According to Ohio Revised Code §4511.19(a), it is illegal to operate a motor vehicle while under the influence of a drug of abuse of a controlled substance This includes even drugs that have been prescribed if they are taken in enough quantity and have a warning against driving while taking them. If you are suspected of being under the influence of a controlled substance, a patrol officer may request that you take a breath, urine, or blood test to determine what chemicals are in your system.
The statues outline exactly what amounts of each substance constitute enough to impair a driver. The most commonly used drugs include:
- Heroin metabolite
- Cocaine metabolite
- Marijuana metabolite
- Salvia divinorum
Consequences for an OVI Charge Involving Drugs
If you are arrested for DUI, formally called OVI in Ohio, your driver's license will automatically be suspended by the Department of Motor Vehicles. These privileges may be temporarily restored if the alleged offender requests a hearing and is granted a temporary license. With the help of an attorney, you may be able to retain your ability to drive during the weeks or months it may take to process your case.
A charge of drugged driving is usually considered a first degree misdemeanor. The penalties for this offense increase based on the prior criminal record of the offender. For a first time offender, the potential consequences include a mandatory sentence of 3 days in prison that can be extended to a maximum of 6 months. In addition, the offender may be ordered to pay a fine of up to $1,075, and their license may be suspended from 6 months to 3 years. You may also be required to install an ignition interlock device, or you may be ordered to attend an alcohol rehabilitation program.
A conviction can have long reaching effects on your future opportunities. Since a DUI charge cannot be expunged from your criminal record, it can interfere with your employment and educational choices for years to come. In addition, you auto insurance rates may increase drastically based on this offense, of you may be dropped from your plan altogether.
Defenses Against a Drugged Driving Charge in Ohio
If the alleged offender was taking a controlled substance that was legally prescribed to them by a licensed suspension in the proper manner, this is considered a valid defense against this charge. A Lawyer can help you establish that you were not acting illegally by driving while having consumed a valid medication that was prescribed to you.
In Ohio, operating a motor vehicle means that the driver has agreed to submit to chemical testing when ordered to do so by a law enforcement officer. Refusal to take a breath, blood, or urine test results in a license suspension for a minimum of a year. However, the accused individual has the right to consult an attorney prior to submitting to a test, and this cannot be considered a refusal if the request if fulfilled within certain restrictions. A lawyer can help you get on the right track to defend yourself during this critical time.
Hiring an Attorney to Defend You From a Drugged Driving Charge in Ohio
A conviction for driving under the influence of drugs can have a far-reaching impact on your life. You need to enlist the help of an attorney who is ready to defend you in any tough situation. At Joslyn Law Firm, we're dedicated to aggressively taking on your challenging circumstances. We can help you to protect your future and get your life back on track. Call us today at (513) 399-6289 to schedule your free consultation and put your mind at ease today.