Changes in Ohio marijuana use laws have not been matched by updates to OVI laws.
Understanding the nuances of marijuana OVI's becomes crucial for anyone who uses marijuana and drives in Ohio.
While both medical and recreational marijuana are now legal in Ohio, the state's DUI/OVI laws have not changed. Even though marijuana use is legal, individuals can still be charged with an OVI if (a) a police officer suspects impairment or (b) a drug test indicates they exceed the legal THC limit.
It's important to note that drug tests typically measure THC metabolites, which can linger in a person's system for weeks after use. These metabolites do not necessarily reflect whether the individual is impaired or experiencing effects from marijuana at the time of driving. Additionally, if a person refuses a chemical test, the Ohio Bureau of Motor Vehicles will impose a one-year license suspension, with no driving privileges for at least thirty days.
Drug OVI charges can be contested and won. To effectively challenge these charges, it is essential to hire an attorney who focuses on OVI law, particularly drug-related cases, and who can identify weaknesses in the state's argument.
While you may not feel impaired from marijuana, you can still be charged with an OVI if you test over the state's limit for THC (tetrahydrocannabinol). Ohio recognizes these as per se OVIs. A per se OVI occurs when a person is operating a vehicle, the police have probable cause to arrest for an OVI, and a chemical test (by blood or urine) shows a THC concentration over the legal limit. The concern is the gap between the standards: to arrest you and require that test, an officer needs only probable cause to believe you were impaired, which is a much lower standard than the proof beyond a reasonable doubt required to convict. Once the test comes back over the per se limit, the state can obtain a conviction without ever having to prove that you were actually impaired.
Another issue is that a drug test for marijuana may detect either THC itself or a THC metabolite. While THC is not detectable for a lengthy time after consumption, a THC metabolite may be present in blood samples for days and in urine samples for weeks. Metabolites are byproducts of marijuana that have been broken down in the person’s system. The metabolite most commonly tested for is THC-COOH, known as Carboxy THC, which may remain in a person’s system for weeks after use.
The result is this: A person may have legally used medical marijuana a week or more before driving, but if the police can demonstrate that they had a valid reason to initiate a traffic stop and probable cause to believe the person was impaired, a drug test might only show that the person had used marijuana in the past weeks. Consequently, the person might still be convicted of an OVI. An experienced OVI attorney is essential to challenge the stop, the arrest, and the drug test to protect against this.
Revised Code Sections 4511.19(A)(1)(j)(vii) and (viii) establish the per se limits for marijuana. There are limits for marijuana alone, marijuana metabolites alone, and marijuana metabolites if the person is also under the influence of alcohol or a drug of abuse. These limits vary depending on whether they are detected in a blood test or a urine test.
≥ 10 ng
≥ 35 ng
≥ 50 ng
≥ 15 ng
≥ 5 ng
≥ 2 ng
Ohio law offers specific defenses to per se drug charges for individuals using drugs in accordance with a valid prescription. However, these defenses do not extend to those who use medical marijuana, as medical marijuana cards are not recognized as valid prescriptions. Consequently, the legal use of medical marijuana does not serve as a defense against OVI charges. This limitation remains in effect despite the legalization of recreational marijuana.
To support their case and to justify their decision to arrest and test, police may report observing any of the following:
Mood changes
Sedation
Drowsiness
Alterations in thought process
Impaired memory
Lack of concentration
Altered time and distance perception
Disoriented
An admission of marijuana use
Euphoria
Rebound Dilation
Dilated pupils
Elevated Blood Pressure
Elevated pulse
Finger to Nose (FTN) Test Results
One Leg Stand Test Results
Walk and Turn Test Results
Modified Romberg Balance (MRB) Test Results
Lack of Convergence (LOC) Test Results
Eyelid tremors
Green coating on the tongue
Red, bloodshot eyes
Marijuana debris in the mouth
Odor of Marijuana
Relaxed inhibitions
Body tremors
The presence of marijuana or paraphernalia
An experienced OVI attorney can defend against marijuana OVIs. These defenses typically focus on:
The evolving laws surrounding marijuana raise important questions about existing case law related to reasonable suspicion for expanding the scope of stops, searches, and probable cause for arrests. Previously, marijuana was illegal in all circumstances, which allowed police greater discretion. However, with its legalization in many contexts, law enforcement may now face increased scrutiny.
We understand how to question the observation of clues, assess their significance, identify unobserved clues, and demonstrate that the police lacked reasonable suspicion to extend the traffic stop and probable cause for arrest. Having completed the "Chromatography - Forensic Analysis for Legal Professionals" course and operated gas chromatographs ourselves, we know how to effectively review and challenge blood, breath, and urine test results by examining the actual scientific processes and potential errors in the chemical analysis.
If you have been charged with a drug OVI, contact us today for a free consultation to evaluate your case and protect your rights before they are lost.
