Drugged Driving & OVID Charges in Columbus

Columbus Drugged Driving Lawyer

The classic picture of someone being arrested for DUI is a glassy-eyed person stumbling through field sobriety tests after having a few too many drinks at a bar or a party. But in Ohio, you also can be arrested for a form of DUI if you drive under the influence of drugs or a combination of drugs and alcohol.  If you are facing drugged driving charges in Columbus, don’t delay contacting an experienced drug-related OVI lawyer.

If you’ve been charged with OVI involving drugs, call Luftman Heck & Associates today at (614) 500-3836 for a free and confidential consultation of your case.

Drugged Driving / OVID / DUID Charges

There are two ways you can be arrested for operating a vehicle under the influence of drugs, or OVID, in Central Ohio — by simply being “under the influence” or by having a quantity of the drug in your urine or blood that exceeds the legal limits in Ohio Revised Code 4511.19. A police officer may arrest you for being under the influence after observing evidence of impairment, such as weaving in and out of your lane on the highway, or performing field sobriety tests and observing clues that indicate you’re impaired. You can be arrested for being under the influence even if the quantity of alcohol or drugs in your system does not exceed the legal limits.

However, when the amount of drugs in your blood or urine does exceed the legal limits, you can be arrested and charged with OVID per se, or in other words violating the OVID statute simply by the fact of having more than the legal limit of drugs in your system.

Ohio Revised Code 4511.19 sets the following limits with regard to the quantity of illicit drugs in your blood or urine. If you have these amounts or more in your blood or urine, you may be charged with OVID per se.

Ohio Revised Code 4511.19 also includes a provision regarding salvia divinorum, a hallucinogenic form of sage sometimes taken to induce visions. If you have the amount of salvia divinorum or salvinorin A in your urine or blood that the State Board of Pharmacy has ruled makes a person impaired for purposes of operating a vehicle, you can be arrested for OVID.

What to Expect if You’re Charged with OVID/DUID in Columbus

Facing a charge of Operating a Vehicle under the Influence of Drugs (OVID) in Columbus can be overwhelming. You may be arrested for drugged driving if a police officer observes signs of impairment or if your blood or urine contains more than the legally allowed concentration of certain drugs. The penalties for a drugged driving conviction are severe, including jail time, hefty fines, and a long-term suspension of your driver’s license. An experienced Columbus DUI lawyer can help you navigate the legal system, challenge the evidence against you, and work toward the best possible outcome.

Drug Testing & Penalties for Refusal

When an officer suspects you of driving under the influence of drugs, he or she will ask you to submit to a blood or urine test to determine whether drugs are present in your body and whether the amount exceeds the legal limit. The officer is required to get your consent within two hours of your alleged violation, and your sample must be collected within three hours.

There are penalties if you refuse to take a blood or urine test. Ohio Revised Code 4511.191 says any person who drives on a public highway is deemed to give consent to chemical tests of breath, blood, or urine to determine the alcohol or drug content in your body. When you refuse, your driver’s license can be suspended for a year for your first refusal, two years for your second refusal, three years for your third refusal, and five years for subsequent refusals.

If you refuse to voluntarily give a blood or urine sample, the officer must then get a judge to issue a warrant to compel you to give a sample. It has been the law in Ohio that a police officer could compel you to give a blood sample without a warrant when there were extenuating circumstances and to use “any reasonable means necessary” when you have two or more previous DUI convictions. However, a recent court case may render that provision an unconstitutional violation of your Fourth Amendment rights to be free from unreasonable searches and seizures.

Drugged Driving Penalties in Columbus, Ohio

The penalties for driving under the influence of drugs are the same as for driving under the influence of alcohol. The offense can be a misdemeanor or felony, depending upon the circumstances and whether you have prior OVI convictions within the past 10 years.

You’re likely to serve jail time — anywhere from a mandatory minimum of three days on a first offense to several months if you’ve had multiple OVIs — plus a driver’s license suspension and the potential for thousands of dollars in fines. Under some circumstances, you may be required to put special license plates on your car that brand you as someone convicted of OVI.

Defenses Against Drugged Driving

Defenses to drugged driving charges most often will involve challenging the results of your blood or urine test. There are a number of grounds on which you may dispute your test results as invalid or inaccurate, such as improper testing procedures, lab contamination, or that the analysis wasn’t performed by qualified personnel. An experienced criminal defense attorney who handles drugged driving cases can discuss with you your best options for fighting the charge or trying to negotiate a reduced charge with lighter penalties.

At Luftman, Heck & Associates, we can help you confront the Ohio criminal justice system from your arrest through to your trial. By advocating for your rights and thinking strategically about your case defense, we will maximize your chances of obtaining a positive case result. If you’ve been charged with OVI, call us today at (614) 500-3836 for a free and confidential consultation of your case.

How a Lawyer Helps After a Drugged Driving Charge

• Case Evaluation and Investigation: A DUI lawyer will thoroughly review your case, examining the details of your arrest and any chemical tests administered to identify any procedural errors or rights violations.
• Challenging Evidence: Lawyers are skilled at identifying flaws in the evidence. This may include questioning the accuracy of drug tests, the legitimacy of the traffic stop, or any improper testing procedures.
• Defense Strategy: Your lawyer will develop a tailored defense strategy to challenge the charges against you, which could include demonstrating that the drugs detected were legally prescribed or that the tests were improperly administered.
• Negotiating Plea Bargains: In some cases, your lawyer can negotiate with the prosecution to reduce your charges to a lesser offense, potentially resulting in lighter penalties.
• Representation in Court: Your lawyer will represent you in all court proceedings, ensuring your rights are protected and advocating for the best possible outcome.
• Minimizing Penalties: If a conviction seems unavoidable, your lawyer can work to minimize the penalties, such as advocating for electronic home monitoring instead of extended jail time or seeking limited driving privileges.

Frequently Asked Drugged Driving Questions

What are the legal limits for drugs in my system?

The legal limits for various drugs in your system are specified in Ohio Revised Code §4511.19. For example, 10 nanograms per milliliter of marijuana in your urine can result in an OVID charge.

Can I be charged with OVID even if I have a prescription?

Yes, but you have an affirmative defense if you took the prescribed drug according to the directions of a licensed professional.

Can I get limited driving privileges after a DUID?

Yes, with the court’s approval, you may be granted limited driving privileges for essential activities like work, school, and medical appointments.

Can the results of a chemical test be challenged?

Yes, a lawyer can challenge the results based on improper testing procedures, lab contamination, or unqualified personnel conducting the test.

Facing Drugged Driving Charges in Columbus? Contact LHA.

If you’ve been charged with a OVI / DUI, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced Columbus DUI attorney to fight for you in court, please contact us at (614) 500-3836 or via email at advice@columbuscriminalattorney.com.