The Consequences of Marijuana DUI in Ohio

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If you are caught with marijuana in your system while driving in Ohio, you could be charged with OVI in accordance with the DUI controlled substances section of the Ohio Revised Code. What levels of controlled substances constitute OVI is spelled out in ORC 4511.19. This chapter specifies that if you meet any of the following criteria, you should be charged with DUI marijuana:
  • 10 nanograms of marijuana per 1 milliliter of urine

  • 2 nanograms of cannabis per milliliter of whole blood

  • 2 nanograms of pot per milliliter of blood serum

  • 2 nanograms of weed per milliliter of plasma

Cannabis can be in your system four to six weeks after consumption without affecting your faculties. However, even in these circumstances a person can still be charged with pot OVI under such standards. An experienced Utah OVI defense attorney will be able to sort through the circumstances in your case and guide you through the necessary processes to protect your rights and your future.
Despite the fact that studies have shown that marijuana makes an individual drive in a slower, more cautious manner and most likely doesn't affect driving ability, if you are caught driving with cannabis in your system you will be facing the same consequences as someone charged with alcohol DUI. These penalties are also defined in ORC 4511.19, and include:
First OVI
  • First-degree misdemeanor

  • Consecutive 72-hour (3 days) mandatory minimum jail time, or

  • Consecutive 72-hour probation with mandatory driver intervention program

  • Additional probation or jail time for up to 6 months

  • Community Service

  • Completion of education and/or treatment programs

  • $250 - $1000 fine

  • Driver's license suspension

Second OVI
  • First-Degree misdemeanor

  • 10 consecutive days mandatory minimum jail time, or

  • 10 consecutive days mandatory minimum house arrest with continuous electronic and alcohol monitoring

  • Up to 6 months of additional house arrest or jail time

  • Mandatory alcohol and drug use assessment

  • Mandatory treatment

  • $350 - $1500 fine

  • Driver's license suspension

Law enforcement may also try to catch you for marijuana possession if they get you for DUI weed. This is a serious charge that could come with additional fines and jail time if you are convicted. If there is not enough evidence for pot OVI, this is the charge the prosecution will use to get you. It is vital that, should you be pulled over for a marijuana OVI, you protect your rights and purse a strong, comprehensive defense strategy. If you are inexperienced with the law, an attorney may be your best option.
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