marijuana dui ovi Ohio
19 Sep 2023

DUI Laws in Ohio: Marijuana Edition

 

In recent years, as the legal landscape surrounding marijuana has evolved, it’s crucial for individuals to understand the implications of driving under the influence (DUI), better known as operating a vehicle impaired (OVI) in Ohio, particularly when marijuana is involved.

This informational piece aims to shed light on the specific laws and consequences associated with DUI in Ohio, taking into account the use of marijuana.

 

Understanding DUI Laws in Ohio

In Ohio, like in many other states, driving under the influence is a serious offense. The legal limit for blood alcohol concentration (BAC) is 0.08%, but when it comes to marijuana, the situation is more complex. Ohio law prohibits driving under the influence of any controlled substance, including marijuana. This means that even if a driver’s BAC is below 0.08%, they can still be charged with a DUI if they are impaired due to marijuana.

 

The Role of Marijuana in DUI Cases

With the legalization of medical marijuana in Ohio, it’s crucial for users to be aware of the legal boundaries. While medical use is permitted under certain circumstances, it doesn’t provide immunity from DUI charges. If a driver is found to be operating a vehicle impaired by marijuana, they can face severe penalties.

 

Proving Impairment

Proving impairment due to marijuana is more challenging than with alcohol. Unlike alcohol, which has a clear and standardized test (the breathalyzer), there isn’t a universally accepted test for measuring cannabis impairment. Law enforcement typically relies on a combination of field sobriety tests and drug recognition evaluations, which can be subjective and open to interpretation.

 

Penalties for DUI 

If convicted of a DUI in Ohio involving marijuana, the penalties can be severe. These may include:

  • Fines: Depending on the circumstances, fines can range from hundreds to thousands of dollars.
  • License Suspension: A first-time offender can face a license suspension ranging from 6 months to 3 years.
  • Probation: Offenders may be placed on probation, which can include mandatory drug counseling or rehabilitation.
  • Jail Time: In some cases, a jail sentence may be imposed, particularly for repeat offenders or cases involving aggravated circumstances.
  • Ignition Interlock Device: The court may order the installation of an ignition interlock device, which requires the driver to pass a breathalyzer test before starting the vehicle.
  • Criminal Record: A DUI conviction, whether involving alcohol or marijuana, results in a criminal record, which can have long-lasting implications on employment opportunities and other aspects of life.

 

Seeking Legal Advice

If you find yourself facing a DUI charge involving marijuana, seeking legal advice is imperative. A qualified attorney, like those at Mishak Law, can help you understand your rights, navigate the legal process, and build a strong defense.

 

Driving under the influence of marijuana in Ohio carries serious consequences. It’s crucial for individuals to be aware of the laws and take precautions to ensure their safety and the safety of others on the road. Remember, the best way to avoid a DUI is to avoid driving under the influence altogether.

If you have any doubts about your ability to drive, it’s always best to err on the side of caution and find an alternative means of transportation.