Drugged Driving in Ohio (DUID)
In Ohio, driving under the influence of drugs is charged just like driving under the influence of alcohol. You can be pulled over and arrested for a Cincinnati DUI – called OVI here in Ohio – for having drugs in your system while operating a vehicle. It’s a serious criminal offense under Ohio Revised Code 4511.19, and the penalties depend on the amount of drugs in your blood or urine at the time of the stop. If convicted of a DUID, you will likely face extensive jail time along with hefty fines and fees.
Legal Ohio Driving Limit Involving Drugs
The following is a list of drugs and the legal limit for each drug in Ohio.
|Controlled Substance||Urine||Whole Blood, Blood Serum
|Amphetamine||≥ 500ng||≥ 100ng|
|Cocaine||≥ 150ng||≥ 50ng|
|Cocaine Metabolite||≥ 150ng||≥ 50ng|
|Heroin||≥ 2000ng||≥ 50ng|
|Heroin Metabolite||≥ 10ng||≥ 10ng|
|LSD||≥ 25ng||≥ 10ng|
|Marijuana||≥ 10ng||≥ 2ng|
and under the influence
|≥ 15ng||≥ 5ng|
|Marijuana Metabolite||≥ 35ng||≥ 50ng|
|Methamphetamine||≥ 500ng||≥ 100ng|
If you are facing a drugged driving charge in Ohio, it is critical that you consult with an experienced Cincinnati OVI lawyer as soon as possible. Regardless of what happened in your case, it is understandable that you are probably worried about your future, stressed about the circumstances, and angry at the situation. The Cincinnati DUI defense lawyers at Luftman, Heck & Associates are here to provide their understanding, and legal counsel to help you deal with charges that you are currently facing. The sooner you consult with a Cincinnati DUI lawyer, the better, as he or she will work diligently to achieve the most favorable outcome for your case. This could mean the difference between serving less jail time to, in some circumstances, a complete dismissal of charges.
Ohio OVI Penalties
Ohio drug-related OVI penalty breakdown
- First drugged driving offense
first degree misdemeanor with at least three (3) days in jail and at least $375 in fines
- Second drugged driving offense
first degree misdemeanor with at least six (6) days in jail and at least $525 in fines
If you are facing drug DUI charges (OVI) in Ohio, the resulting penalties are dependent on the amount of drugs that were in your blood or urine and whether you have previously been convicted of any offenses.
If you are facing your first drugged driving offense in Ohio, you will be charged with a first degree misdemeanor. This charge entails serving a minimum of three (3) days in jail and up to a maximum of six (6) months and paying a minimum of $375 and up to a maximum of $1,075. Your driver’s license will be suspended for a minimum of six (6) months and up to a maximum of three (3) years. You may also be required to attend a driver’s intervention program for three (3) days.
If you are facing your second drugged driving offense within a six (6) year period of the first offense, then your DUID charge will be a first degree misdemeanor. This charge entails a minimum of 10 days in jail and up to a maximum of six (6) months and fines between $525 and $1,625. You will be required to participate in a drug treatment program, will likely have your driver’s license suspended for a minimum of one (1) year and up to a maximum of five (5) years. Your license plates will also be impounded for 90 days.
If you are facing your third drugged driving offense with a six (6) year period of the previous offense, you will be charged with a first degree misdemeanor. This charge entails serving a minimum of 30 days in jail and up to a maximum of one (1) year in addition to paying fines between $850 and $2,750. Your driver’s license will be suspended for a minimum of two (2) years and up to a maximum of 10, you will be required to participate in a drug addiction program in addition to forfeiting your vehicle.
If you are facing your fourth or fifth drugged driving offense, you will be charged with a fourth degree felony. This entails serving a minimum of 60 days in jail and up to a maximum of five (5) years and paying fines between $1,350 and $10,500. Your driver’s license will be suspended for a minimum of three (3) years and could potentially last for the rest of your life. You will also be required to participate in a drug addiction program and forfeit your vehicle.
If you are facing your six or more drugged driving offense, you will be charged with a third degree felony. This entails serving a minimum of 120 days in jail and up to a maximum of five (5) years and paying fines between $1,350 and $10,500. Your driver’s license will be suspended for a minimum of three (3) years and could potentially last for the rest of your life. You will also be required to participate in a drug addiction program and forfeit your vehicle.
Other Consequences of a Drug-Related OVI Conviction
A Cincinnati DUI conviction is serious, whether it was associated with alcohol, drugs, or both. Your life will never be the same, as a conviction will negatively impact all other areas of your life – including your permanent criminal record.
You may also face increased insurance rates or be unable to obtain insurance, difficulty keeping or finding a job, complications with financial aid, troubles maintaining professional licensures, and potential custodial issues pertaining to your children or dependents. You may also face being known in your community as a repeat OVI offender or someone with an alcohol or substance abuse addiction.
Administrative License Suspension (ALS)
An administrative license suspension is a civil penalty, although it is imposed when you are stopped and charged with a Cincinnati OVI. If you are stopped for drugged driving and refuse to participate in a chemical test of blood, breath, or urine as requested by law enforcement or you tested over Ohio’s legal limit, then the officer is permitted to take your driver’s license on the spot and your driving privileges will immediately be suspended from that point forward. This is referred to as an administrative license suspension.
The first time you refuse a chemical test or test over the legal limit in Ohio, the administrative license suspension will last for a minimum of one (1) year.
The second time you refuse a chemical test within a six (6) year period or a previous OVI conviction, your administrative license suspension will last for two (2) years.
The third time you refuse a chemical test or have two (2) previous OVI convictions, your administrative license suspension will last for three (3) years.
If this is your fourth time refusing a chemical test or you have previously been convicted for an OVI, the administrative license suspension will last for five (5) years.
An administrative license suspension can be appealed in Ohio, but it must be appealed at the first court appearance, which is held within five (5) days of being arrested or being issued the citation. Issues that are brought up on an appeal include whether the arrest was reasonable, whether the officer requested that the individual take a chemical test, whether the individual was informed of the penalties for refusal or failing a chemical test, and whether the individual refused or failed the chemical test. It is also important to note that the court can still suspend your license if it determines that your driving is a risk or threat to public safety. This is something that an experienced Cincinnati OVI lawyer can help negotiate on your behalf. Brad Groene has years of experience evaluating the evidence and fighting to regain clients’ driving privileges.
If you are facing an administrative license suspension, you can obtain limited driving privileges by filing a petition for up to 30 days after your initial appearance in court for the OVI charge. Limited driving privileges typically are for work, medical, or educational reasons. If you are convicted for a felony OVI offense, limited driving privileges will not be available for at least three (3) years.
DUIs are common throughout the state of Ohio. If you are facing a drugged driving charge, it is critical that you immediately contact a Cincinnati OVI lawyer. A drugged driving charge can be an overwhelming and anxiety inducing experience, and you do not have to go through it alone. Although every case is different, it is crucial that you obtain an experienced, knowledgeable and compassionate DUI attorney as soon as possible who will fight vigorously for your legal rights and best interest. The sooner you speak with an attorney, the better your options will be regarding your legal situation.
Facing Drugged Driving Charges in Ohio? Contact Cincinnati DUI Lawyers with LHA.
If you have been pulled over for an OVI, whether it’s your first time or a subsequent time, you’re likely stressed, angry, and worried about your future. The best thing to do is to call the experienced Cincinnati DUI lawyers with Luftman, Heck & Associates. In Cincinnati, attorney Brad Groene can walk you through your legal options and begin building a defense to reduce the penalties you face. Get the justice you deserve. Don’t hesitate to contact us today at (513) 338-1890 or email us at firstname.lastname@example.org. We are available 24/7.