Drugged Driving Attorneys in Cincinnati Protecting the Accused with a Strong Defense in Drugged Driving Cases
Driving under the influence (DUI) or operating a vehicle under the influence (OVI) isn’t exclusive to alcohol. It also includes driving under the influence of drugs. Ohio, unlike other states, follow per se laws in which drivers can be convicted of an OVI just for having a specific concentration of drugs in their system when driving.
Ohio law prohibits drivers from operating motor vehicles under the influence of alcohol. The Ohio OVI statute prohibits drivers from driving under the influence of drugs like marijuana, cocaine, heroin, or prescription medications. If you are found operating a motor vehicle while under the influence of these drugs, the laws are stringent, and you will probably be considered over the legal limit, even if you took a small amount.
The penalties of an OVI offense depend on how many prior convictions a person has, including other circumstances. A driver can be charged with a first, second, and third OVI offense.
At the Cincinnati, Ohio, law office of Ernst & Associates, LLC, we provide strong and effective defenses for people accused of drugged driving. We examine every element of your case.
Our criminal defense team will look at the legality of any search and can handle any criminal law charges, like drug offenses that accompany a drugged driving arrest. Take advantage of our free consultation and contact< us to learn more about your charges and possible legal solutions.
What is an OVI Offense?
Ohio defines an OVI offense, as referenced by dui.drivinglaws.com, as operating a vehicle under the influence of a controlled substance or with a blood concentration of at least:
- 100 nanograms per milliliter of blood of amphetamines
- 50 nanograms per milliliter of blood of cocaine
- 2,000 nanograms per milliliter of blood of heroin
- 25 nanograms per milliliter of blood of LSD
- 20 nanograms per milliliter of urine or marijuana
Similar to how law enforcement uses a breathalyzer to measure blood alcohol content (BAC), a drug OVI is based on the concentration of one or more of these controlled substances. Unlike driving under the influence of alcohol, a person can be convicted of impairment without proof. A blood test can validate the results.
In a first offense, you could face a three-year license suspension and fines up to $1,075 or enrollment in a Driver’s Intervention Program instead of jail.
Penalties gradually worsen with additional offenses, such as a second OVI offense. You could face up to 180 days in jail, 18 days of house arrest, fines up to $1,625, and a one to seven-year license suspension. A 12-year license suspension and fines up to $2,750 and one year in jail are possible with a third offense.
If you were arrested for exceeding the legal limit and are facing jail time or are on the verge of losing your driving privileges, contact our criminal defense lawyers so we can assist you through a free consultation.
Can an OVI Lawyer Challenge My Chemical Test?
The prosecution must prove that you were operating or controlling a vehicle while under the influence of drugs or a combination of drugs and alcohol. There are legal defenses we can leverage to challenge your chemical test results and possibly get your charges dropped or your sentence reduced, depending on the findings and specific circumstances.
We challenge blood, breath, and urine tests as part of a strong, drugged driving defense. Some of these tests-like blood tests-must be drawn within three hours by a qualified nurse, doctor, or phlebotomist. Collection techniques must be followed appropriately; samples must be properly labeled and stored in a refrigerated, vacuum-sealed container with a solid anticoagulant.
Urine tests could also be used to show the existence of drugs in a driver’s system. However, a significant problem with urine tests is that they tend to show what used to be in the driver’s system- not just what it currently is. Certain drugs, like marijuana, can remain in the body for up to 45 days. They might show up on urine tests even if the driver did not smoke before getting on the road.
If you were arrested for an OVI offense, we could review your case and chemical test results to see what defenses might hold up in court. Contact an OVI lawyer with Ernst & Associates, LLC for immediate legal solutions through a free consultation.
What Can I Do to Help My Case Before Sentencing?
Getting caught while driving impaired and under the influence of marijuana and other illegal drugs can have a serious and lasting impact on your life and record. This is especially true with additional convictions beyond a first drugged driving offense. You could face criminal charges, jail time, fines, and limited driving privileges.
For some people, a drugged driving arrest is a serious wake-up call. Some view it as hitting rock bottom. Others take it as a chance to stop drug use before things worsen.
Judges often go easier on individuals who take responsibility for their actions and get the help they need; we can help you seek treatment if you believe you may have a problem with drugs or drinking.
We may have you evaluated by a certified chemical dependency counselor who can help suggest an action plan. If you take this proactive step and pursue treatment, this may even be an advantage to you in sentencing and the court’s eyes.
For more tips and guidance on helping improve your case and possible sentencing after an OVI charge, defer to our attorney’s legal counsel and DUI defense strategies in your drugged driving case by contacting our law firm.
How Can a DUI Lawyer Help My Case?
A drugged driving conviction is a criminal offense, whether you are driving while under the influence of alcohol, drugs, or a combination of both. A conviction can result in misdemeanor or more serious felony charges when repeat offenses are present. We will work with you to challenge the impairment charges against you.
Consider the experienced criminal defense lawyers with Ernst & Associates, LLC, when you need a solid criminal defense team. The potential evidence from your drugged driving offense is essential in fighting your conviction, and our attorneys are up to the challenge of fighting and protecting your rights.
Our OVI lawyers will increase your chances of success in getting your case dismissed or your sentence reduced as we have experience in resolving drugged driving offenses in Ohio, from a first offense to a third offense to a fourth-degree felony offense.
Avoid spending days in jail, limited driving privileges, and steep fines with proper legal representation. If you have been accused of drugged driving, contact our lawyers for a strong, drugged driving defense.