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Many people equate driving under the influence with drunk driving. This is not always the case. In many instances individuals are pulled over for erratic driving and do not have any alcohol in their system at all. Instead, they may be accused of driving a vehicle under the influence of drugs. This definition spans many forms and substances, making it a broad law that is sometimes difficult to enforce if properly defended.
In a situation like this one, where the possibility of substances being in your system that may have been ingested weeks earlier could come up positive and incriminate you if you have been recently pulled over for a DUID or OVI, makes the necessity for quality legal counsel very important.
With the chance of you being unfairly charged for a difficult to define law such as this one, developing a proper defense strategy may make all the difference.
If you or a loved one has been charged with a Drug DUI in central Ohio, particularly the counties of Franklin, Delaware, Madison, Licking, Fairfield or Pickaway, call the Joslyn Law Firm at (614) 444-1900 for a free consultation. Brian Joslyn is an experienced criminal defense attorney who is dedicated to the clients he represents and will make sure to handle every aspect of your case personally.
Ohio Revised Code §4511.19(a) prohibits the operation of a motor vehicle under the influence of a drug of abuse or controlled substance. If a police officer has reason to believe that you are in fact driving under the influence of narcotics, he or she can request a chemical test to determine if the substance is in your system.
You may be charged with a drug DUI if your blood or urine contains a statutorily specified concentration a controlled substance. Among the most commonly used controlled substances are:
With regard to the “statutorily specified concentration,” it is considered “under the influence” if you have 10ng/ml or marijuana in your system at the time of testing.
O.R.C 4511.19(G) states that a DUI with drugs charge will be classified as a 1st degree misdemeanor. If convicted, this comes with a presumptive sentence of a mandatory 3 days imprisonment (a maximum jail term of six months) and / or a driver’s intervention program for 3 days. This may include a fine of up to $1075 and a 6 month to 3 year suspension of your license.
According to O.R.C 4511.19(k)(1), it is considered a valid defense in Ohio if a person in fact obtained the controlled substance through a prescription issued by a licensed professional authorized to prescribe drugs, and the person injected, ingested, or inhaled the controlled substance in accordance with the health professionals directions.
Ohio is considered and implied consent state. This means that any person who operates a vehicle upon a highway or any property used by the public for vehicular travel has been deemed to have given consent to a chemical test (blood, breath, urine, plasma) to determine the alcohol, drug of abuse or controlled substance in the persons system (§4511.191).
If a person refuses to submit to testing, the penalty is a license suspension for one year for the first refusal, two years for the second, and three years for the third refusal.
If an arrestee requests to confer with an attorney before submitting, this is not considered a refusal, only if the attorney had been contacted on the first attempt and came to the police station within fifteen minutes (Stone v McCullion, 1985).
Having to deal with a DUI charge, no matter what the situation may be, has the potential to turn your life upside down. Positioning yourself so that no stone is left unturned will give you a better opportunity at achieving a favorable outcome. As a client-first Franklin County Drug DUI Attorney, Brian Joslyn has made it his goal to provide excellent service while using his legal understanding to develop the most effective strategy possible for your personal situation.
For a risk free and confidential consultation, call the Joslyn Law Firm at (614) 444-1900 or send us an online message today. Brian proudly represents individuals from Central Ohio, including the cities of Delaware, Powell, Dublin, Westerville, Upper Arlington, Gahanna, Worthington, West Jefferson, Newark, Hanover, Lancaster, Pickerington, Circleville and Ashville, among others.