Can You Get a DUI For Weed in Ohio?

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Last updated on: November 30, 2022
Research suggests that one of every eight drivers at night is driving under the influence. Driving under the influence can cause dreadful results, such as injuring yourself or others.
Can You Get a DUI For Weed in Ohio?

Research suggests that one of every eight drivers at night is driving under the influence. Driving under the influence can cause dreadful results, such as injuring yourself or others. Therefore, it is often a priority for law enforcement to crack down on offenders. It’s important for drivers to understand the law and their rights when it comes to driving under the influence of weed and DUI charges.

People are widely familiar with the laws related to driving under the influence of alcohol, but many people aren’t as familiar with the laws related to driving under the influence of marijuana in Ohio. However, with marijuana laws changing and continuing to develop, it’s especially important to understand these laws and know what could happen if someone drives under the influence of marijuana.

Is Driving Under the Influence Rally That Harmful?

Sometimes, people who are under the influence of marijuana think they are better at driving when they are high. While marijuana users did drive slower in studies, they still had cognitive impairments that made it hard to react appropriately and drive safely. Therefore, driving under the influence is always dangerous.

Can You Get a DUI for Marijuana in Ohio?

Yes, you can get a DUI for driving or operating another vehicle under the influence of marijuana, so it is not safe or advisable to drive after you have used marijuana.

Section 4511.19 of the Ohio revised code states that a person has committed a DUI if they have used a vehicle while under the influence of alcohol, drugs of abuse, or multiple of these substances.

How Much Marijuana Can Be in Your Blood?

The code specifies the threshold for marijuana in the blood or urine that leads to a DUI charge. For regular marijuana, you must have less than 10 ng/ml in your urine or 2 ng/ml in your blood. These respective numbers are 35 ng/ml and 50 ng/ml for marijuana metabolite and 15 ng/ml and 5 ng/ml for marijuana metabolite combined with other substances.

What are the Penalties for a DUI Charge?

There are several consequences you may face for a DUI charge, and these will partially depend on if you have a history of DUIs and other situational factors.

First Offense

The first offense is considered a first-degree misdemeanor, and the minimum for this offense is three days in jail or up to six months, or you could have to go to a three-day driving program. Fines for this offense are at least $375, but they will be less than $1075. Your license can be suspended from six months to three years.

Second Offense

If you get a second marijuana DUI within six years of the first offense, the charges become more serious. You will be charged with a first-degree misdemeanor, but you will have to spend at least ten years in jail with up to six months total. You may also have to go to a drug or alcohol treatment program. Furthermore, fines are at least $525 and can be up to $1625. This offense also comes with a level four suspension, which can last from one to five years. There’s also an added vehicle impoundment for ninety days.

Third Offense

A third offense within a six-year period has a minimum thirty-day jail sentence and can be up to a year. The fines can range from $850 to $2750. Third offenses also come with a class three suspension, which lasts from three to ten years. They can include forced drug rehabilitation and can lead to criminal forfeiture of your vehicle.

Additional Offenses

Additional offenses are felonies, and with each one, you could face increased charges, including years in jail, license suspension, thousands of dollars in fines, required drug treatment, and criminal forfeiture of your vehicle.

Can I Resist a Drug Testing?

When you are driving, under Ohio law, you are giving implied consent to drug testing. What this means is that officers can pull you over and require you to complete drug tests.

It is better to comply with these tests than to resist. A lawyer can help you build your case if you were unfairly pulled over, the police didn’t follow appropriate procedure, or you think there’s been a false positive. Refusing to complete a drug test can lead to your license being suspended for one year and two years if you’ve refused twice. Consult an attorney as soon as possible.

What to Do if I am Charged with a DUI?

Don’t automatically assume that you are going to end up punished harshly. There are ways you and your lawyer can build a defense. For example, if law enforcement did not have a good reason to stop you or the tests weren’t administered properly, you can build your defense around such factors. Lawyers are experts at handling this evidence and knowing how to use it.

Getting a Marijuana DUI Lawyer in Columbus, Ohio

If you have questions or concerns about a marijuana DUI charge, you can seek an Ohio marijuana DUI attorney to answer your questions and give you a better idea of how to respond based on the specifics of your case. There is hope for your case; you just need a legal team you know is experienced in DUI law.