OVI And Marijuana Charges In Ohio
In the state of Ohio, individuals are frequently charged with driving under the influence of marijuana. However, it can be difficult to prove that someone was truly impaired by marijuana when they were operating the vehicle, especially with a skilled Strongsville marijuana OVI attorney in your corner. In fact, recent studies reveal that when someone operates a vehicle after marijuana consumption, they drive in a slower and more cautious manner. Additionally, many argue that marijuana does not impair a person’s ability to drive at all. Although many defend the usage of marijuana, law enforcement officials still routinely attempt to charge individuals with possession of marijuana charges. Both marijuana possession charges and OVI marijuana charges can lead to harsh punishments and consequences, so if you have an opportunity to mitigate or drop charges, you must act quickly. It's critical to have a DUI/OVI defense attorney that will make every effort to help you avoid the most severe penalties. For more information about how we can help, contact Godinsky Law LLC for a free consultation today.
Operating A Vehicle Under the Influence of Marijuana
According to Ohio Rev. Code § 4511.19, a marijuana OVI/DUI when "the person has a concentration of marijuana in the person’s urine of at least 10 nanograms of marijuana per milliliter of the person’s urine or has a concentration of marijuana in the person’s whole blood or blood serum or plasma of at least 2 nanograms of marihuana per milliliter of the person’s whole blood or blood serum or plasma.” If you've been arrested for a marijuana DUI in Ohio, you will be charged and sentenced as though they were driving under the influence in Ohio.
However, if you've been chemically tested to have marijuana in their system, you are not necessarily guilty of being under the influence of marijuana at that time because it's been proven that it can stay in your system anywhere from four to six weeks. It goes without saying that there are many nuances in these types of charges. Therefore, it's critical that you have an experienced Strongsville marijuana OVI attorney who has successfully represented these types of cases in the past.
Indicators Of Marijuana Impairment
In order for a marijuana OVI arrest to take place, there must be evidence to support their case and to justify their decision to arrest and test. Often police will report observing any certain types of activity and demeanors from those who are under the influence of marijuana. Some of the most common indicators of marijuana that Ohio police will reference include the following:
Penalties For Marijuana OVI In Ohio
The potential sentence for marijuana OVI is the same as the potential sentence for alcohol OVI. For a first OVI offense, within ten years, the potential sentence includes the following:
Depending on the prosecutor of your case, there may also be additional penalties handed down in certain circumstances. Having a skilled Strongsville marijuana OVI attorney can help reduce the risk of additional consequences. A skilled lawyer understands how to strategically maneuver in these cases and how best to approach negotiations on your behalf. Without an experienced marijuana DUI lawyer, you may be facing the following additional penalties:
What Is Mayor's Court?
Ohio is unique in the sense that it is the only state that utilizes Mayor’s Courts. In these courts, the mayor or magistrate of the residing town will hear your case. Therefore, if you’ve been arrested for a marijuana OVI in Strongsville, Ohio, your case may end up in the Strongsville Mayor’s Court instead of a nearby Municipal Court. If you’re confused about how these court systems work and which option will provide you with the best chance for the optimal outcome in your OVI case, we can help. Chris Godinsky is a veteran when it comes to the many Cuyahoga Courts. Call Godinsky Law LLC today to speak with our Strongsville marijuana OVI attorney or learn more about the different courts in Cuyahoga, Medina, Lorain, and Summit Counties by clicking the button below.
Learn More About Cuyahoga County Mayor's Courts
Benefits Of Mayor's Court For Marijuana OVI Cases
You can always ask for your case to be heard in a Cuyahoga County municipal court, however, there are certain benefits associated with having a marijuana OVI case heard in Mayor's Court. For example, if you don't like the outcome of a Mayor's Court hearing you can appeal that decision in a municipal court. This essentially gives you and your marijuana OVI lawyer a second chance at the municipal court level, so you don’t lose anything for having tried Mayor’s Court first.
Another benefit is the familiarity between local attorneys and tendencies that certain Mayor's Courts have when it comes to OVI rulings. Chris Godinsky is a frequent visitor to nearby Mayor's Courts when representing clients and has extensive knowledge about how they typically handle OVI cases and what outcome you can expect. Mayor's Court can potentially provide your Strongsville marijuana OVI attorney with more freedom to negotiate, especially if you do not have a lengthy criminal history or anything that would indicate that you’re likely to make the same mistake again.
Four Types Of Marijuana OVIs In Ohio
Believe it or not, there are four ways to commit the offense of a marijuana OVI in Ohio. The Ohio legislature has written the main OVI statute (ORC 4511.19) in a way that creates four distinct offenses related to marijuana and the operation of a vehicle. The four types of marijuana OVI/DUI offenses in Ohio are:
Operating A Vehicle Under The Influence Of Marijuana
Ohio’s OVI law makes it illegal to operate a vehicle under the influence of alcohol, drugs, or both. In most cases, a person is found to be under the influence of marijuana when the drug affects the person in a way which would impair that person’s ability to operate a vehicle and present danger to others on the road. This marijuana OVI charge is also commonly referred to as an ‘impaired’ charge.
Prohibited Concentration Of Marijuana
In Ohio, it is illegal to operate a vehicle with a prohibited level of marijuana in a person’s blood or urine. For blood, the prohibited level is 2 nanograms or more of marijuana per milliliter of blood. For urine, the prohibited level is 10 nanograms or more of marijuana per milliliter of urine. However, this charge rarely seen because marijuana is broken-down by the body and it's almost impossible to measure marijuana after it has been ingested.
Prohibited Concentration Of Marijuana Metabolite
Because it's almost impossible to measure marijuana after it has been ingested, crime labs measure marijuana metabolites: the substances produced by metabolism of marijuana. Ohio law prohibits operating a vehicle with a prohibited concentration of marijuana metabolite in a person’s urine or blood. For blood, the prohibited concentration is 50 nanograms of marijuana metabolite per milliliter of blood. For urine, the prohibited concentration is 35 nanograms of marijuana metabolite per milliliter of urine.
Marijuana Metabolite And Under The Influence
Lastly, Ohio law makes it illegal to operate a vehicle while under the influence and with a prohibited level of marijuana metabolite in your blood or urine. For blood, the prohibited level is 5 nanograms of marijuana metabolite per milliliter of blood. For urine, the prohibited level is 15 nanograms per milliliter of urine. The prohibited levels for this charge are lower than those for the metabolite ‘per se’ charge, but the prosecution must also prove you were under the influence while operating the vehicle.
Defenses To Marijuana OVI In Ohio
If you've been charged with a marijuana OVI in Cuyahoga County, don't panic, there are defenses available to you. At Godinsky Law LLC, our experienced Strongsville marijuana OVI attorney frequently represents clients facing these charges and understands how to best approach them in court. We understand how to challenge whether the clues were observed, whether they are meaningful, how to identify and point out clues that were not observed and how to show that the police lacked reasonable suspicion to prolong the traffic stop and probable cause to arrest. Some of the most common defenses that can be deployed include the following:
Frequently Asked Questions
No, there is not a breathalyzer test for marijuana DUIs. As of 2022, there is currently no such test for evaluating the level of impairment from marijuana use. As a result, the limits set forth in the statute seem rather arbitrary. The only approved tests for marijuana impairment are blood and urine tests. Your marijuana OVI attorney can use this in your favor when defending your case and challenge the validity of the arrest.
When it comes to marijuana OVI charges in Ohio, there is no difference between medical and recreational marijuana. Some forms of medical marijuana contain a considerable amount of THC, while others will contain less than would be expected in recreational marijuana. Regardless, if any form of marijuana impairs a driver's ability to safely drive, they may be charged with a marijuana OVI in Ohio.
Being convicted of a marijuana OVI charge in Cuyahoga County can be a life-altering experience. Many are concerned about their future, their ability to work, and their freedom following a DUI arrest. Luckily, an experienced Strongsville marijuana DUI lawyer can help you build a strong defense for your case and present you with the best possible outcome. At Godinsky Law LLC, we focus on several factors in your arrest like why you were stopped, why you may have been tested, or if the tests were conducted properly. Contact us today for a free consultation and allow us to review your case.
Contact A Strongsville Marijuana OVI Attorney Today
If you've recently been charged with a marijuana OVI/DUI offense, it's important to remember that you still have rights and options available to you. These cases can be defended against, and an experienced Strongsville marijuana OVI attorney can help you effectively deploy defense strategies in your favor. At Godinsky Law LLC, we can provide you with the high-quality representation you need to protect your legal rights, and fight to clear your name. If you're facing a marijuana OVI charge in Ohio, call Godinsky Law LLC today for a free consultation and to learn more about how we can help.