Ohio Drugged Driving and Marijuana OVI

An OVI in Ohio is not only about alcohol. You can be charged with an OVI for driving under the influence of a drug, including marijuana, prescription medication, and other controlled substances. Ohio also uses “per se” drug limits, which means that in many cases the presence of a drug or its metabolite above a set level can support a charge, even without separate proof that you were actually impaired. This page explains how drug OVIs work in Ohio and how they are defended. Call (937) 318-1384 for a free consultation.

The non-alcohol side of what an OVI covers in Ohio.

Drugged Driving Is an OVI in Ohio

In Ohio, a person is guilty of OVI if he or she operates any vehicle under the influence of alcohol, a drug of abuse, or a combination of them. See Ohio Revised Code 4511.19. The penalties imposed for a drug-related OVI, including a violation of Ohio’s per se marijuana law, are equivalent to the penalties for an alcohol OVI. In other words, a marijuana or drug OVI is treated with the same seriousness as an alcohol OVI.

Ohio’s Per Se Drug Limits

Ohio law sets specific per se levels for marijuana and certain other drugs. These levels establish a threshold above which a person is considered to be statutorily impaired. Ohio’s law represents the imposition of per se limits for drivers who test positive for THC in the blood without additional demonstrable evidence of psychomotor impairment. Just like with alcohol, the “legal limit” is not linked with any qualities of the individual, including weight, frequency of use, time of last use, or the body’s ability to metabolize THC.

The Problem: Presence Is Not Impairment

There is a serious problem at the heart of a per se drug law. Ohio’s approach can punish a driver for having a metabolite of marijuana in the system, and a metabolite such as hydroxy-THC can remain in the body long after any “high” has dissipated. That means a person may be “impaired” for purposes of the law while not actually being impaired by the drug at the time of driving.

The science bears this out. While alcohol consumption clearly increases accident risk, the evidence of marijuana’s role in on-road accidents is far less clear. According to research cited by the National Highway Traffic Safety Administration, the psychomotor effects of cannabis tend to dissipate quickly, often within about an hour, with peak acute effects typically reached within 10 to 30 minutes after inhalation. The gap between how long a metabolite is detectable and how long a person is actually affected is exactly where many drug OVI cases are won or lost.

Field Sobriety Tests Were Validated for Alcohol, Not Drugs

More and more, law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana. Often, an officer will request a urine test for marijuana after a driver has tested substantially under the per se alcohol limit on a breath test. This raises important questions about probable cause. If no alcohol was suspected, how did the officer gather enough evidence to make an arrest? Were the standardized field sobriety tests administered to detect alcohol or something else? Can the standardized field sobriety tests used in Ohio demonstrate impairment by any drug other than alcohol? These are questions an experienced OVI attorney will press hard in a drug OVI case.

Read about oral fluid testing.

Defenses in a Drug OVI Case

Ohio law recognizes a defense where a person obtained the controlled substance pursuant to a valid prescription. The prescription must be issued by a licensed health professional authorized to prescribe drugs, and you must inject, ingest, or inhale the controlled substance in accordance with the health professional’s directions. See Ohio Revised Code 4511.19(K)(1) and (2). One important note: a doctor’s recommendation to use cannabis is not a prescription.

Beyond the prescription defense, a drug OVI case can be challenged on the legality of the stop and the arrest, whether there was probable cause to investigate for drugs at all, whether the field sobriety tests can show drug impairment, how the sample was collected and tested, whether the laboratory followed the required standards, and whether the State can prove impairment rather than the mere presence of a substance.

Why Experience Matters in Drug OVI Cases

Drug-impaired driving investigations differ significantly from alcohol cases, and defending them requires an understanding of both the law and the science. Charles M. Rowland II limits his practice to representing the accused impaired driver. He has completed Advanced Roadside Impaired Driving Enforcement (A.R.I.D.E.) training and Drug Recognition Expert protocol training, which give him insight into how officers are taught to investigate suspected drug-impaired drivers, and he has defended marijuana cases since 1995. Understanding how officers are trained allows him to evaluate whether the investigation complied with accepted procedures and whether the State can meet its burden of proof.

Why Trust Charles M. Rowland II

Charles M. Rowland II has established himself as a top OVI attorney in Ohio and the Dayton area and beyond. He lives by the motto, “Work hard, play by the rules, and never quit!” Preparation, dedication and perseverance are his touchstones. He will vigorously fight for you and will genuinely care about the outcome of your case. He wants the most favorable outcome including acquittals, dismissed charges, or advantageous reduced charges.

He has been recognized by his clients and his peers as a top OVI attorney. He has been a “Super Lawyer” since 2013, a Fellow to the Ohio State Bar Foundation, the Nations Top 1%, the National Trial Lawyers Top 100 for Criminal Defense, a Dayton Bar Association Foundation Fellow, and has appeared in Time and Car & Driver Magazine for OVI defense. He is a lecturer on OVI defense to police agencies, attorneys, judges, and students, and he taught OVI trial practice at the Greene County Peace Officer Training Academy for over fifteen years.

Charlie is a member of the Dayton Bar Association, the Dayton Bar Foundation (2022 Foundation Fellow), the Greene County Bar Association (past President), the Clark County Bar Association, the Ohio State Bar Association, the Ohio State Bar Foundation (2005 Foundation Fellow), the American Bar Association, and the American Bar Foundation.

Frequently Asked Questions about Ohio drugged driving

Free Consultation

If you have been charged with an OVI involving marijuana or another drug in the Dayton area, call Charles M. Rowland II at (937) 318-1384 for a free consultation.