Marijuana and OVI in Lisbon

Medical marijuana was legalized in Ohio a few years ago. However, that does not give you a free pass to light up a joint just for fun. Using marijuana recreationally remains a strict criminal offense across the state.

Data clearly illustrates that marijuana continues to be the most frequently used illegal drug within the United States. In fact, according to the FBI, law enforcement in Ohio executed more than 17,000 marijuana possession arrests back in 2013. When you are facing these types of drug allegations, seeking guidance from a knowledgeable Lisbon OVI attorney is highly recommended to protect your rights.

When individuals hear the acronym “OVI,” they typically associate it with alcohol consumption. Nevertheless, an individual can be formally charged with an OVI for operating a vehicle under the influence of various drugs. Marijuana represents just one of the numerous controlled substances that can result in a motorist facing serious OVI charges in Columbiana County.

I Smoked a Joint on My Way to Work. Can I Be Charged With OVI?

Under Ohio law, you can face an OVI charge if you operate a motor vehicle while impaired by either alcohol or a controlled substance. Marijuana is officially categorized as a Schedule I drug. Consequently, if law enforcement pulls you over and determines you are intoxicated from smoking a joint, you can be arrested. A seasoned Lisbon criminal lawyer understands how quickly a routine traffic stop can escalate into a drug-related OVI offense.

For alcohol-related suspected intoxication, police officers most commonly rely on breath tests. However, this testing method is completely ineffective for detecting marijuana. Instead, the responding officer will require the motorist to provide a blood or urine sample.

To be legally classified as intoxicated “per se,” your chemical test outcomes must reach one of the following specific thresholds:

• Urine test – a minimum of 10 nanograms of marijuana per millimeter of urine.
• Blood test – a minimum of 2 nanograms per millimeter. This could be whole blood, blood plasma, or blood serum.

Detection Timing

It is crucial to remember that narcotics remain present in your biological system long after the initial “high” has faded. Drugs contain chemical byproducts known as metabolites, which linger in your body for a specific duration. This timeframe is referred to as the drug’s “detection time.” While some substances clear out rapidly, marijuana possesses one of the longest detection windows. This extended timeframe often creates significant complications when a driver undergoes testing, making the intervention of a Lisbon OVI attorney essential.

If you consume a single joint, or merely take a couple of puffs, the metabolites from that cannabis can remain detectable in your system for up to three days. For individuals who partake in the drug a few times a week, that detection window expands to five days. Daily marijuana users will discover that it takes two full weeks for the metabolites to completely dissipate. Furthermore, it is quite common for chronic users to wait an entire month before these metabolites fully exit their bodies. Navigating these scientific complexities is something a skilled Lisbon criminal lawyer deals with regularly.

For a motorist, this means that the mandated chemical tests could detect marijuana consumed last week or even a month ago. Standard drug tests cannot pinpoint the exact time of consumption. Consequently, law enforcement might mistakenly believe you were driving while impaired, even if you had not touched the substance for days.

Refusing to Submit to Chemical Tests

Knowing this, you may wonder if declining a blood or urine test is the most strategic decision. Unfortunately, that would be incorrect. Refusing to participate in chemical testing will trigger an automatic administrative license suspension enforced by the Bureau of Motor Vehicles. If the court later convicts you of an OVI, you will likely face an additional suspension.

If an officer requests a blood or urine sample, you should comply. It is significantly easier for your defense team to challenge the validity of the test results later than it is for you to instantly lose your driving privileges for no reason.

OVI Penalties and Marijuana

The legal consequences for driving while impaired by marijuana mirror the penalties handed down to a motorist charged with an alcohol-related OVI. While the exact severity of the punishment hinges on your specific level of intoxication, all tiers carry hefty fines, mandatory jail time, court-imposed license suspensions, and a mandatory period where you are ineligible for limited driving privileges.

Youngstown Criminal Law Group possesses extensive experience defending motorists who have been arrested for marijuana-related OVI in Columbiana County. If you need a reliable Lisbon OVI attorney to review your case, contact us today at (330) 791-8104.