Marijuana and OVI in Warren

A few years ago, Ohio legalized marijuana for medical purposes. But that doesn’t give you the green light to spark up just for fun. In Ohio, recreational marijuana use remains against the law.
The numbers paint a clear picture: marijuana is the most commonly used illegal drug across the United States. The FBI reported that Ohio recorded over 17,000 marijuana possession arrests back in 2013.
When people hear “OVI,” their minds usually jump straight to alcohol. However, you can also face an OVI charge for operating a vehicle while under the influence of drugs. Marijuana happens to be one of those substances that can land a driver with an OVI charge.

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

Under Ohio law, an OVI charge applies if you’re driving while impaired by either alcohol or a controlled substance (drug). Since marijuana falls under the Schedule I drug category, getting pulled over and found intoxicated from smoking a joint can result in an OVI charge. Any experienced Warren OVI attorney will confirm this is taken seriously.
When it comes to alcohol-related intoxication, police most often rely on breath tests to check drivers. That method simply doesn’t apply to marijuana, though. Instead, the officer will request that the driver provide a blood or urine sample for testing.
To meet the threshold for intoxication “per se,” your test results need to show one of the following:

• Urine test – at least 10 nanograms of marijuana per millimeter of urine.
• Blood test – at least 2 nanograms per millimeter. This applies to whole blood, blood plasma, or blood serum.

Detection Timing

Here’s something important to understand: the drugs you’ve consumed linger in your body long after the high wears off. Drugs contain substances known as metabolites, and these remain in your bodily systems for a set amount of time. That window is referred to as the drug’s “detection time.” Certain drugs carry longer detection times than others, and marijuana sits among those with an especially lengthy one. This reality can create real headaches when a driver gets tested for marijuana use. A knowledgeable Warren criminal lawyer sees this issue come up often.
Smoke a single joint—or even take just a few puffs—and the metabolites from that pot can stick around in your system for three days. Light up a few times each week, and that timeframe extends to five days. People who use marijuana daily will discover it takes a full two weeks for the metabolites to clear out. For heavy, chronic marijuana users, waiting an entire month for the metabolites to leave their system isn’t unusual at all.
So what does this mean for a driver? The chemical tests you’re asked to take could reveal pot you smoked last week or even last month. Because drug tests can’t pinpoint exactly when you used the substance, officers may be misled into thinking you were driving impaired even when you hadn’t touched marijuana in days.

Refusing to Submit to Chemical Tests

With all this in mind, you might be tempted to think that turning down a urine or blood test is your smartest move. That assumption would be a mistake. Refusing to undergo chemical testing triggers an automatic administrative license suspension through the Bureau of Motor Vehicles. And if you’re later convicted of OVI, you’ll probably face an additional suspension—this one handed down by the court. A skilled Warren OVI attorney can help you navigate these consequences.
If an officer asks you to provide a blood or urine sample for testing, go ahead and comply. It’s much simpler for your Warren criminal lawyer to challenge and disprove faulty test results than it is for you to forfeit your license over nothing.

OVI Penalties and Marijuana

The consequences for driving while impaired by marijuana mirror those given to a driver charged with OVI due to alcohol in their bloodstream. How harsh the penalties are will hinge on your level of intoxication, but every level brings fines, jail time, court-ordered license suspensions, and a stretch of time during which you can’t qualify for limited driving privileges. Consulting a lawyer early can make a meaningful difference in your case.
At Youngstown Criminal Law Group, we have hands-on experience defending drivers arrested for marijuana-related OVI charges. Reach out to us today at (330) 791-8104, and let a dedicated Warren OVI attorney fight for your rights.