Cincinnati Drug DUI Lawyer

A charge of operating a vehicle while under the influence of drugs (OVI) carries the same penalties as a drunk driving charge, but it differs in some fundamental ways. If you have been arrested for OVI, it is critical to work with an attorney experienced in defending these types of charges.

Contact a Cincinnati drug DUI lawyer as quickly as possible after your arrest. The experienced DUI attorneys at Ernst & Associates can assist you throughout the process, from police questioning through arraignment and ultimate resolution of your case.

What Is the State OVI Law?

Ohio Revised Code § 4511.19 establishes the parameters for drunk driving and also bars driving while under the influence of “drugs of abuse.” Determining whether a driver is over the legal per se limit of one of these drugs requires a chemical test of blood, urine, or saliva.

The concentration required to put a driver over the legal limit depends on the substance involved. You can be convicted of drugged driving if your urine contains 500 nanograms or more of amphetamine per milliliter or 100 nanograms per milliliter of whole blood or blood serum. You exceed the legal limit for marijuana (THC) if your urine contains 10 nanograms per milliliter or your whole blood or blood serum has 2 nanograms per milliliter.

What makes Ohio one of the worst states in the union is that they criminalize the presence of either the hydroxy or carboxy metabolite in your blood, urine, or oral fluid. These metabolites remain in your system long after consuming marijuana (up to 30 days). A metabolite is what remains after your system breaks down the THC. These metabolites are not impairing and have no active ingredients, meaning Ohio is convicting people with no impairing substances in their bodies.

Thankfully, the Ohio Senate unanimously passed Senate Bill 55 on October 8, 2025, and it was introduced in the House in late 2025. SB 55 removes the reference to, and criminality of, having these metabolites in your blood or urine. It also raises the legal limit of THC in your blood from 2 ng/mil to 5 ng/mil.

If you fail the chemical test, you will be charged with OVI, but a failed test does not mean an automatic conviction. A skilled drugged driving defense attorney in Cincinnati could mount a vigorous defense that can defeat the charge or at least lead to a more favorable outcome.

Do You Have to Take a Chemical Test?

In Ohio, you consent to a test of your blood, breath, or urine when you sign for your driver’s license that you will take a chemical test if you are operating a vehicle anywhere in the State of Ohio. s. If you refuse a test, you face mandatory driver’s license suspension. This is called implied consent, but you will receive a license suspension if you test over Ohio’s legal limit for drugs, also.

However, you have the right to request to speak with a lawyer before the test, and you should always demand this if you face potential drugged driving charges. The legal limits for drugs in your system are arbitrary and are in no way linked to impairment. Do not get caught up in a system that convicts with no link to impairment.

Defenses to OVI Charges

Police officers must have probable cause to believe that a violation or crime occurred when making a traffic stop. Our Cincinnati drug DUI attorneys will investigate whether the officers had probable cause to pull you over on suspicion of OVI. If the dashcam footage does not indicate erratic driving, we could argue the charges should be dismissed due to an improper traffic stop.

Challenging aspects of the chemical testing process offer numerous possibilities to have the charges dismissed or reduced. We could question:

• Whether the officer/medical provider who collected the sample followed protocols
• Whether law enforcement adhered to proper chain of custody procedures
• The reliability of the tests used to establish the presence of drugs of abuseThe lab’s error rate
• How long the substance identified remains in the body after ingestion, and could impair motor or mental functioning

Raising reasonable doubt on any of these issues could lead the prosecutor to decline to proceed with charges or an acquittal if the case goes to a trial.

If you are accused of driving under the influence of prescription drugs, you must show that you have a valid prescription. The prosecution then must prove that the drug caused an impairment that resulted in unsafe driving.

Work With a Cincinnati Attorney When Facing Drug DUI Charges

If you have been charged with drugged driving, a conviction is not inevitable even if you failed a chemical test. Give yourself a fighting chance to defeat the charge by contacting a Cincinnati drug DUI lawyer at Ernst & Associates. We will use our experience and skill to obtain the most favorable outcome possible in your specific circumstances. Call now for a free case evaluation.