Marijuana and OVI in St. Clairsville

It is a well-known fact that medical marijuana was legalized in the state of Ohio several years ago. However, that specific legislation certainly does not mean you have the legal right to light up a joint simply for fun. Recreational marijuana use remains a strict criminal offense throughout the state, and law enforcement takes these violations very seriously.

Statistics continuously demonstrate that marijuana stands as the most frequently used illegal drug across the entire United States. According to comprehensive data provided by the FBI, the state of Ohio executed more than 17,000 marijuana possession arrests during the year 2013 alone. While the vast majority of people automatically think of alcohol when they hear the legal abbreviation “OVI” (Operating a Vehicle Impaired), an individual can absolutely face this serious charge for operating a vehicle while under the influence of drugs. If you find yourself in this situation, reaching out to a dedicated St. Clairsville criminal lawyer is a highly recommended step to protect your rights. Marijuana represents just one of the numerous controlled substances that can quickly lead to a driver being formally charged with an OVI on the road.

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

Under strict Ohio law, you can easily be charged with an OVI if you are found to be driving while intoxicated by either alcohol or a controlled substance, which includes various illegal drugs. Because marijuana is formally classified as a Schedule I drug, you can face an OVI charge if law enforcement pulls you over and determines you are intoxicated from smoking a joint. In such complex legal scenarios, consulting a knowledgeable St. Clairsville OVI attorney becomes critical.

When dealing with intoxication caused by alcohol, the standard method utilized by police officers for testing drivers is a traditional breath test. However, this specific testing method is entirely ineffective for detecting marijuana. Instead, the police officer will require the driver to submit to either a blood test or a urine test.

Per Se Intoxication Requirements

To be legally considered intoxicated “per se” under the law, your chemical test results must meet one of the following specific thresholds:

• Urine test – a mandatory minimum of 10 nanograms of marijuana per milliliter of urine.
• Blood test – a mandatory minimum of 2 nanograms per milliliter. This measurement applies whether the sample is whole blood, blood plasma, or blood serum.

Detection Timing for Marijuana

It is incredibly important to remember that the drugs you consume remain present within your biological system long after you no longer feel the psychoactive “high.” Drugs contain chemical byproducts known as metabolites, which linger in your body’s systems for a specific duration of time. This window is legally and scientifically referred to as the drug’s “detection time.” While some narcotics have relatively short detection windows, marijuana possesses one of the longest detection times of any drug. This prolonged presence frequently causes significant legal problems when a driver is subjected to testing for marijuana use, a situation where a St. Clairsville criminal lawyer can provide vital guidance.

If an individual smokes a single joint, or even just takes a couple of puffs from one, the resulting metabolites from that marijuana can remain detectable in their system for up to three full days. Consuming the drug a few times a week extends that detection window out to five days. Individuals who utilize marijuana on a daily basis will find that it takes two entire weeks for the metabolites to fully dissipate. Furthermore, it is not uncommon for chronic, long-term marijuana users to have to wait an entire month for these metabolites to completely leave their biological system.

What this scientific reality means for an everyday driver is that the chemical tests they are ordered to submit to might display marijuana that they actually consumed last week, or potentially even last month. These standard drug tests lack the capability to specify the exact time you ingested the drug. Consequently, police officers can be easily led to believe you were driving while impaired, even if you had not touched marijuana for several days prior to the traffic stop. A seasoned St. Clairsville OVI attorney understands the deep flaws in this testing process and can challenge these assumptions.

Refusing to Submit to Chemical Tests in Belmont County

Given all of this scientific and legal information, you might be actively wondering if outright refusing to take a mandatory urine or blood test is the best strategic move. Simply put, you would be entirely wrong. Refusing to submit to chemical testing will result in your driver’s license being automatically and administratively suspended by the Bureau of Motor Vehicles. If you are subsequently convicted of an OVI later on, you will more than likely receive an additional suspension, with this subsequent penalty being imposed directly by the court system.

If a law enforcement officer asks you to provide a blood or urine sample for testing purposes, you should do it. It is significantly easier for your legal representation to successfully prove the falsity or inaccuracy of those test results than it is for you to endure losing your driver’s license for no valid reason. An experienced St. Clairsville OVI attorney can review the circumstances surrounding your traffic stop, evaluate whether proper testing procedures were followed, and challenge unreliable chemical test evidence in court when appropriate.

OVI Penalties and Marijuana

The legal penalties for driving while impaired by marijuana are exactly the same as the harsh penalties received by a driver who is charged with an OVI due to excessive alcohol in their bloodstream. The ultimate severity of these penalties heavily depends on your specific level of intoxication and prior record, but all penalty levels come attached with steep fines, potential jail time, court-ordered license suspensions, and a mandatory period of time where you have absolutely no eligibility for limited driving privileges.

The Youngstown Criminal Law Group possesses extensive, proven experience defending drivers who have been unjustly arrested for marijuana-related OVI offenses. If you need a reliable St. Clairsville criminal lawyer, contact us today at (330) 791-8104 for professional assistance.