Marijuana and Driving Laws

How marijuana and Ohio driving laws can impact your life

Just like with alcohol, it is illegal to drive in the U.S. under the influence of marijuana. But how being legally “under the influence” is determined when it comes to marijuana and driving laws varies among the states. Some states have zero tolerance policies for driving with any measureable marijuana in your system. Several states have zero tolerance laws when it comes to THC, but no restrictions on marijuana metabolites. THC is the main “high-inducing” compound in marijuana. Metabolites are traces of marijuana that are left after the body metabolizes the drug.

Other states, including Ohio, have what are called “per se” marijuana driving laws. Per se laws make it illegal to drive with marijuana in your system in excess of specific limits. In Ohio, drivers can be arrested if the amount of THC or marijuana metabolites found in the blood or urine exceeds legal limits.

An arrest and conviction for driving under the influence of marijuana can greatly disrupt your life. If you have been arrested for a DUI, it is in your best interests to contact a skilled marijuana DUI lawyer with in-depth understanding of Ohio’s DUI laws. An experienced Cincinnati marijuana DUI attorney will prepare the strongest possible defense for you.

Understanding Marijuana Driving Laws in Ohio

Ohio code 4511.19 is the law that governs operating a vehicle under the influence of alcohol or drugs. It describes what amount of marijuana (or other commonly used drugs) and alcohol you can have in your system while driving before being found intoxicated and arrested.

As far as marijuana, you can be arrested and charged with a DUI if you have the following amounts of the drug in your system:

Per Milliliter of Blood

• Two or more nanograms of THC
• Fifty or more nanograms of marijuana metabolite
• Five or more nanograms of metabolite in combination with alcohol or other drugs.

Per Milliliter of Urine

• Ten or more nanograms of THC
• Thirty-five or more nanograms of marijuana metabolite
• Fifteen or more nanograms of metabolite in combination with alcohol or other drugs.

DUI or OVI? What Is the Correct Term for a Drugged Driving Charge?

It’s important to note for clarity in understanding marijuana driving laws that DUI is the most commonly used term for describing drunk or drugged driving. In Ohio, this violation is legally called an OVI, which stands for “operating a vehicle under the influence.” You might also sometimes hear driving under the influence called a DWI (driving while intoxicated) or an OWI (operating while intoxicated).

No matter what term is used, there is no difference between DWI, OWI and OVI. They all refer to the same thing: driving under the influence of alcohol or drugs. And no matter what driving under the influence is called, the serious penalties are all the same if you are convicted—time behind bars, fines, license suspension and more.

Don’t wait to contact an attorney who is experienced in handling cases involving marijuana driving laws if you’ve been arrested for a DUI/OVI. Cincinnati DUI lawyer Jeremiah Denslow focuses exclusively in the area of DUI law and will put all of the firm’s resources to work toward having your marijuana DUI charges dismissed or reduced. Contact Jeremiah Denslow today at (513) 268-4000.

Problems with the Marijuana Driving Test

How does Ohio determine whether a driver is under the influence of marijuana? To find out, police typically administer a field sobriety test and also rely on their own observations. If they then believe the person is under the influence, they can arrest them and have a blood or urine test performed. The blood or urine marijuana driving test will show how much of the drug the person has in their body. Drivers who are arrested by police generally must consent to a blood or urine test. If they don’t, they face at least a mandatory one-year license suspension and possibly other consequences for their refusal.

When it comes to marijuana, though, police are not always correct in their observations. It can be much more difficult to detect that a driver is under the influence of marijuana than it is to detect that someone has consumed alcohol. For this reason, innocent people can and do face arrest and are then subjected to imperfect blood or urine tests.

While the state relies on these post-arrest tests to convict people for driving under the influence, marijuana can be detected in the body for days, weeks or even months through blood and urine tests. Metabolites can stay in a person’s system long after the person has stopped feeling the drug’s effects. This means that many drivers might have the drug detected in their body, but not be under its influence at the time they are driving, pulled over and arrested.

Whether you are a legal medical user or not in Ohio, there are a variety of defenses knowledgeable Cincinnati marijuana DUI attorneys use to help get their clients’ charges reduced or dismissed. Our experienced marijuana DUI lawyer understands the flaws in marijuana driving tests and is not afraid to aggressively challenge results on behalf of clients. He knows these tests can be wrongly administered, equipment can be faulty or urine and blood samples can become contaminated. Call us at (513) 268-4000 to speak with our dedicated lawyer today.

Get Top-Quality Legal Representation If You Are Arrested for Violating Marijuana Driving Laws in Cincinnati

Cincinnati DUI lawyer Jeremiah Denslow brings an exclusive focus in DUI law to his practice. He works only in the state and has in-depth knowledge of Ohio laws and courts. Don’t take a chance with your freedom — contact a seasoned DUI lawyer at (513) 268-4000 for help.