Marijuana and OVI in Youngstown

While medical marijuana was legalized in Ohio a few years ago, any legal expert will remind you that recreational use remains illegal. Simply put, you cannot light up for fun without risking legal trouble.

Marijuana holds the title of the most frequently used illegal drug in the U.S. Statistics from the FBI indicate that in 2013 alone, Ohio law enforcement made over 17,000 arrests for marijuana possession.

When people hear “OVI” (Operating a Vehicle Impaired), they typically think of alcohol. However, drivers can also face OVI charges for being under the influence of drugs. Marijuana is frequently the cause behind drug-related OVI charges.

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 vehicle while impaired by alcohol or a controlled substance. Since marijuana is classified as a Schedule I drug, getting pulled over after smoking a joint can lead to an OVI arrest if officers determine you are intoxicated.

For alcohol, police typically use breath tests to measure impairment. However, breathalyzers do not detect marijuana. Instead, officers will require a driver to submit to a urine or blood test. If you are facing such a situation, consulting a Youngstown criminal lawyer can help you navigate these testing procedures.

To be considered “per se” intoxicated, your test results must meet specific thresholds:

• Urine test – At least 10 nanograms of marijuana per milliliter of urine.
• Blood test – At least 2 nanograms per milliliter (in whole blood, blood plasma, or blood serum).

Detection Timing

It is crucial to understand that drugs remain in your system even after the “high” wears off. Substances leave behind metabolites, which stay in the body for a specific duration known as “detection time.” Marijuana has one of the longest detection windows, which often complicates testing for drivers.

If you smoke a single joint—or even just take a few puffs—metabolites can remain in your system for up to three days. Using marijuana a few times a week can extend that presence to five days. For daily users, metabolites may linger for two full weeks, and chronic users might test positive for up to a month after stopping.

This poses a significant risk for drivers: a chemical test might detect marijuana used days or weeks prior. Because these tests cannot pinpoint the exact time of use, police may mistakenly conclude you were driving impaired even if you hadn’t smoked recently. A skilled Youngstown DUI attorney can challenge these assumptions in court.

Refusing to Submit to Chemical Tests

Given the potential for misleading results, you might think refusing a blood or urine test is the smart move. However, that assumption is incorrect. Refusing a chemical test triggers an automatic administrative license suspension from the Bureau of Motor Vehicles. Furthermore, if you are later convicted of OVI, the court will likely impose an additional suspension.

If an officer requests a sample, it is generally better to comply. It is far easier for your Youngstown criminal lawyer to contest the validity of test results than to reverse a license suspension caused by refusal.

OVI Penalties and Marijuana

The penalties for a marijuana-related OVI are identical to those for alcohol impairment. While the severity depends on the level of intoxication, all convictions carry significant consequences, including fines, jail time, court-ordered license suspensions, and a mandatory period without limited driving privileges.

If you have been arrested for a drug-related OVI in Mahoning County, the Youngstown Criminal Law Group has the experience needed to defend your rights. Contact our Youngstown criminal lawyer today at 412.387.6901 for assistance.