The Four Types Of Marijuana DUI / OVI In Ohio It is surprising to most people that there are four ways to commit the offense of DUI (called ‘OVI’ in Ohio) related to marijuana. The Ohio legislature has written the main OVI statute (ORC 4511.19) in a way which creates four distinct offenses related to marijuana and operation of a vehicle. The four types of marijuana OVI / DUI in Ohio are:
Operating a vehicle under the influence of marijuana
Operating a vehicle with a prohibited concentration of marijuana
Operating a vehicle with a prohibited concentration of marijuana metabolite
Operating a vehicle with a prohibited concentration of marijuana metabolite AND while under the influence
A driver can be charged with more than one of these offenses in a single traffic ticket. That gives the prosecution alternative ways to prove the driver’s guilt. However, if the driver is found guilty of more than one of these offenses based on the same incident, the driver could only be punished for one. Each type of offense is described below.
Operating A Vehicle Under The Influence Of Marijuana Ohio’s OVI law makes it illegal to operate a vehicle under the influence of alcohol, drugs, or both. ‘Drugs’ includes marijuana. To prove your guilt, the prosecution must prove you were under the influence of marijuana at the time you operated the vehicle. ‘Under the influence’ has a certain definition in Ohio law. Generally, a person is under the influence of marijuana when the drug affects the person in a way which would impair that person’s ability to operate a vehicle. This marijuana OVI charge is commonly referred to as an ‘impaired’ charge.
Prohibited Concentration Of Marijuana In Ohio, it is illegal to operate a vehicle with a prohibited level of marijuana in a person’s blood or urine. For blood, the prohibited level is 2 nanograms or more of marijuana per milliliter of blood. For urine, the prohibited level is 10 nanograms or more of marijuana per milliliter of urine. This marijuana OVI charge is rarely (if ever) used because marijuana is broken-down by the body (metabolized) into metabolites: it is impossible to measure marijuana after it has been ingested.
Prohibited Concentration Of Marijuana Metabolite Because it is impossible to measure marijuana after it has been ingested, crime labs measure marijuana metabolites: the substances produced by metabolism of marijuana. Ohio law prohibits operating a vehicle with a prohibited concentration of marijuana metabolite in a person’s urine or blood. For blood, the prohibited concentration is 50 nanograms of marijuana metabolite per milliliter of blood. For urine, the prohibited concentration is 35 nanograms of marijuana metabolite per milliliter of urine.
This marijuana OVI charge is commonly referred to as a ‘per se’ charge. It is ‘per se’ (by itself) illegal to operate a vehicle with a prohibited level of marijuana metabolite. It does not matter if the marijuana metabolite caused impaired ability to drive. In Ohio, the marijuana metabolites tested by crime labs include inactive metabolites which could not possibly affect a person’s driving ability. Nevertheless, people are regularly charged with, and convicted of, OVI ‘per se’ based on marijuana metabolites.
Marijuana Metabolite And Under The Influence This marijuana OVI charge is a hybrid of the ‘per se’ charge and the ‘impaired’ charge. Ohio law makes it illegal to operate a vehicle while under the influence and with a prohibited level of marijuana metabolite in your blood or urine. For blood, the prohibited level is 5 nanograms of marijuana metabolite per milliliter of blood. For urine, the prohibited level is 15 nanograms per milliliter of urine. The prohibited levels for this charge are lower than those for the metabolite ‘per se’ charge, but the prosecution must also prove you were under the influence.
Contesting Charges For Marijuana DUI / OVI In Ohio While the four types of marijuana OVI give the prosecution multiple ways to prove guilt, it is still possible to contest these charges and achieve a favorable outcome. The attorneys at the Dominy Law Firm regularly represent clients in central Ohio for marijuana OVI charges. We understand the various types of charges and how to successfully litigate them. If you have a marijuana DUI / OVI case in central Ohio and would like to discuss representation, you can schedule a free consultation with one of our attorneys by calling 614-717-1177 or by completing a CONTACT FORM.
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