Columbus and Delaware, Ohio DUI / OVI Attorney
Attorney David Johnson, of Johnson Legal, LLC, is an experienced Columbus and Delaware, Ohio DUI / OVI attorney who will discuss the details of your case, how to protect your ability to drive and fight the charges against you. Don’t face the serious consequences and repercussions of a DUI / OVI charge alone. Contact Johnson Legal, LLC by calling (614) 987-0192 or sending an email to schedule a consultation.
DUI / OVI and Marijuana Under Ohio Law
DUI (known as “OVI” in Ohio) is not solely drinking and driving. Under Ohio law, no person shall operate a motor vehicle while under the influence of alcohol and/or drugs.
Pursuant to ORC 4511.19, a person is considered to be driving under the influence of marijuana when the person has a concentration of at least 10 nanograms of marijuana per milliliter in the person’s urine or 2 nanograms of marijuana per milliliter in the person’s whole blood, blood serum or plasma. Those arrested for operating a motor vehicle while under the influence of marijuana will be charged with DUI / OVI .
Penalties for DUI / OVI With Marijuana
For a first offense, the penalties are similar to that for a DUI / OVI while under the influence of alcohol. The penalties include a mandatory 3 days in jail, fines, community control (probation) and a drug treatment program. For subsequent offenses, the penalties increase and include the potential for years in prison, along with fines, community service and a drug treatment program.
Difficult to Prove Impairment
While people are charged with driving under the influence of marijuana, it is difficult to prove that the person was impaired. Even though studies have shown that use of marijuana results in slower reaction time, the testing for marijuana can be suspect. Chemical testing for marijuana can show that marijuana is in the person’s system, but that does not mean that the person was impaired at the time. Marijuana can remain in a person’s system for 4 – 6 weeks.
However, in addition to pursuing DUI / OVI charges, law enforcement may attempt to charge the person with marijuana possession. The combination of DUI / OVI and possession of marijuana charges can lead to significant penalties. Thus, it is imperative that you hire an experienced and dedicated DUI / OVI and drug attorney to help you avoid the most serious penalties.
Ohio Driver’s License Suspension for DUI / OVI
Pursuant to ORC 4510.02, a person convicted of a first DUI / OVI is subject to a class five driver’s license suspension. This means that the court will suspend your driver’s license for a period of 6 months – 3 years. However, under 4510.021, the court may allow limited driving privileges for employment, educational, medical and purposes. Moreover, the court may require the person to take a driver’s license exam, alcohol or drug treatment, or a remedial driving course before the court will reinstate the person’s driver’s license.
Administrative License Suspension for DUI / OVI in Ohio
Ohio is an implied consent state. The implied consent law mandates that a person must agree to blood, breath or urine testing if an officer suspects them of drunk driving. Refusing to agree to these tests dictates an administrative license suspension. This suspension is automatic. In addition, if you refusal to submit to a chemical test and you have a prior DUI / OVI within 20 years of the new DUI / OVI, you will be charged with a separate offense called DUI / OVI Test Refusal. This offense carries a mandatory jail sentence that is dependent upon the number of prior DUI / OVI convictions and test refusals.
A person who’s license has been suspended has 30 days to request a hearing to review the suspension. The person may also petition the court for limited driving privileges for educational or employment reasons.
Additional Ohio DUI / OVI Information
For more information, consult Johnson Legal, LLC’s DUI / OVI blog.
Columbus and Delaware, Ohio DUI / OVI Attorney
If you have been arrested for a DUI / OVI offense in Columbus or Delaware, Ohio, contact Johnson Legal, LLC to discuss your case. Attorney David Johnson is an experienced Delaware and Columbus, Ohio DUI / OVI attorney who will speak with you about the facts of your case and vigorously defend you and your ability to drive. Don’t face the serious consequences and repercussions of a DUI / OVI charge alone. Contact Johnson Legal, LLC at (614) 987-0192 to schedule a consultation.
Johnson Legal, LLC serves the following cities in the central Ohio area for DUI / OVI Defense:
Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Mt. Gilead, Pataskala, Granville, Whitehall, Franklin County, Morrow County, Licking County, Union County, Madison County and Delaware County