DUID / Drugged Driving
Ohioans may not be aware, but the charge of operating a vehicle under the influence (OVI) extends beyond alcohol to several maximum limits on legal and illegal controlled substances. Law enforcement employs similar tactics when suspicious of a person under the influence of drugs and alcohol, meaning field sobriety tests, police reports, and chemical testing to prove their wrongdoing. As your defense attorney, we will use the same high standards for any claim that prosecutors attempt to make to prove your guilt as with Operating a Vehicle Impaired (OVI).
Driving under the influence of drugs (DUID) is punishable with the same serious consequences as an OVI conviction with alcohol, but introduces some intricacies, such as the defense of legitimate medical use. Each case must be handled differently, but it is best to seek out a criminal defense lawyer with extensive experience in driving under the influence (DUI), OVI, and DUID cases like Joslyn Law Firm.
Dayton DUID / Drugged Driving Lawyer
Brian Joslyn is an avid defender of your constitutional rights. Joslyn Law Firm knows that even veterans of law enforcement can make careless mistakes that muddle the evidence in your case. Whether the stop was conducted without a reasonable cause or the collection of your blood sample had a break in the chain of custody, Joslyn Law Firm will meticulously review your case to give you the upper hand in court.
Call us at (937) 356-3969 to discuss the police encounter and what comes next in a free, no obligation consultation. Let us walk you through spending options that don’t force you into the choice of resolving your case or paying your rent.
Montgomery County DUID / Drugged Driving Overview
- Are there different limits for different drugs in a driver’s system?
- What punishments does a person face if convicted?
- Does an alleged offender have any defenses against these charges?
Ohio DUID / Drugged Driving Charges
Ohio Revised Code §4511.19(a) sets maximum limits of particular controlled substances above which you are prohibited from operating a motor vehicle. The substances and their limits are listed below.
|Controlled Substance||Concentration Limit in Urine||Concentration Limit in Whole Blood|
|Amphetamine||500 ng/ml||100 ng/ml|
|Cocaine||150 ng/ml||50 ng/ml|
|Heroin||2,000 ng/ml||50 ng/ml|
|Heroin metabolite||10 ng/ml||10 ng/ml|
|L.S.D.||25 ng/ml||10 ng/ml|
|Marijuana||10 ng/ml||2 ng/ml|
|Methamphetamine||500 ng/ml||100 ng/ml|
|Phencyclidine||25 ng/ml||10 ng/ml|
If you are pulled over, you may refuse to perform a field sobriety test. Additionally, you may refuse to comply with a blood or urinalysis. With the acceptance of a driver’s license, however, you are, in the eyes of the law, agreeing to let the state test your blood, breath, or urine for controlled substances. It is a concept called “implied consent.”
Upon your arrest, assuming there is enough evidence for law enforcement to be granted an arrest warrant, you may still refuse to take a blood test or urinalysis. You will be immediately penalized for this decision with a one year suspension of your driving privileges. Keep in mind; you will face a minimum suspension of your license for six months if you are convicted of DUID based on the evidence of a chemical test. If the charges are dismissed, you can and should fight the administrative suspension of your license.
Penalties for DUID / Drugged Driving in Montgomery County
DUID in Ohio is a misdemeanor of the first degree. The mandatory minimum jail term is three consecutive days and/or an intervention program of the same length. The maximum jail term allowed is six months.
Additional penalties include:
- Fine of $375 to $1,075
- Suspension of drivers license from six months to three years
- Possible drug treatment or education
Defenses to DUID in Ohio
It is an affirmative defense to the charge of driving under the influence of a controlled substance if both of the following can be shown:
- The defendant obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
- The defendant injected, ingested, or inhaled the controlled substance in accordance with the health professional’s directions.
Other defenses to DUID include a review of the constitutionality of the traffic stop. The officer who performed the stop must have had a legitimate reason to pull you over. If the officer did not perform a legitimate search, we may be able to exclude important evidence.
Watching closely any dash camera footage can point out flaws in the application of a field sobriety test and inconsistencies with police reports. Additionally, even if you have submitted to a chemical test before or after arrest, laboratory testing is not foolproof, and Brian Joslyn will pore over the details to validate or invalidate the evidence.
We will quickly get in touch with the prosecutors in your case to discuss possibilities for dismissal or a favorable plea agreement, saving you inconvenient court appearances.
Find the Best DUID / Drugged Driving Lawyer in Dayton
Driving under the influence is a serious charge that can damage your employment, freedom, and long term finances. Resolving your case may seem like a huge hurdle, but if it is successfully resolved, this will be a chapter you can close. Without a competent defense attorney, it is possible to still be reeling from the consequences of DUID for many years to come.
Brian Joslyn has been committed to justice for the accused since his own run in with overzealous law enforcement. Call (937) 356-3969 to talk through your case, the sooner the better. Joslyn Law Firm serves clients across Dayton, Beavercreek, Columbus, and surrounding communities.