Two Types Of Drugged Driving In Ohio

OVI ‘Impaired’ and OVI ‘Per Se’
People often express surprised there are two charges for drugged driving in Ohio. That’s understandable: the charges can be confusing. When you are charged with DUI (the term in Ohio is ‘OVI’), an officer gives you a ticket and typically tells you that you are being charged with OVI/DUI. The officer usually doesn’t explain how many charges there are or what is the difference between the charges. This page should clarify the confusion.

There are two basic types of drug-related DUI/OVI charges in Ohio: (1) OVI ‘impaired’ and (2) OVI ‘per se’. The ‘impaired’ charge is committed when a person operates a vehicle under the influence of a drug. The ‘per se’ charge is committed when a person operates a vehicle ‘over the limit’ for a drug.

OVI / DUI ‘Impaired’ In Ohio Drugged Driving Cases
In Ohio, a person is considered ‘under the influence’ of a drug when the drug noticeably impairs the persons actions, reactions or mental processes. To prove you are guilty of this charge, the prosecution must prove you consumed a drug of abuse, and the drug affected your nervous system, brain or muscles so as to impair your ability to operate a vehicle. Due to the use of the word ‘impair’ in Ohio law, this type of drugged driving OVI offense is commonly called the ‘impaired’ charge.

OVI / DUI ‘Per Se’ In Ohio Drugged Driving Cases
Even if you were not impaired by consuming a drug, you could still be found guilty of OVI ‘per se’. The phrase ‘per se’ means “by itself” or “in and of itself”. As it relates to Ohio OVI law, the phrase means it is illegal ‘per se’ to operate a vehicle with a prohibited level of certain drugs in your system, even if those drugs were not impairing your ability to drive. This charge for DUI/OVI drugs is similar to the ‘per se’ charge of DUI/OVI alcohol. With alcohol, it is per se illegal in Ohio to operate a vehicle with a concentration of .080 or higher in your blood or breath. With drugs, the prohibited level depends on the particular drug consumed.

Prohibited Drug Levels In Ohio
Ohio law criminalizes operating a vehicle with a prohibited amount of a drug or a drug’s metabolite in one’s blood or urine. A metabolite is a substance formed when a drug is broken-down (metabolized) in the body. Blood and urine tests sometimes measure the actual drug and sometimes measure the drug’s metabolite, so Ohio law addresses both. The specific ‘per se’ levels for particular drugs are:

• Amphetamine: 500 nanograms per milliliter of urine or 100 nanograms per milliliter of blood
• Cocaine: 150 nanograms per milliliter of urine or 50 nanograms per milliliter of blood
• Cocaine metabolite: 150 nanograms per milliliter of urine or 50 nanograms per milliliter of blood
• Heroin: 2,000 nanograms per milliliter of urine or 50 nanograms per milliliter of blood
• LSD: 25 nanograms per milliliter of urine or 10 nanograms per milliliter of blood
• Marijuana: 10 nanograms per milliliter of urine or 2 nanograms per milliliter of blood
• Marijuana Metabolite & Under the Influence: under the influence and 15 nanograms of marijuana metabolite per milliliter of urine or 5 nanograms of marijuana metabolite per milliliter of blood
• Marijuana Metabolite: 35 nanograms per milliliter of urine or 50 nanograms per milliliter of blood
• Methamphetamine: 500 nanograms per milliliter of urine or 100 nanograms per milliliter of blood
• Phencyclidine: 25 nanograms per milliliter of urine or 10 nanograms per milliliter of blood
• Salvia Divinorum & Savinorin A: amount specified by Rule of State Board of Pharmacy

If you did not submit to a blood or urine test, you would only be charged with DUI / OVI ‘impaired’. If you did take a blood or urine test, and if the test result was ‘over the limit’, you would be charged with DUI/OVI ‘per se’, and you would likely also be charged with DUI/OVI impaired. Charging you with both offenses gives the prosecution two ways to try to prove your guilt. If you are facing charge(s) of drug-related DUI / OVI in Ohio, you would benefit from representation by a lawyer with experience in these types of cases.

Lawyers For Drugged Driving In Ohio
The Dominy Law Firm is focused on DUI / OVI defense, and the lawyers have experience with drugged driving cases. The attorneys understand the types of charges, how they are proven, and how to defend them. They practice in Columbus and most of central Ohio. If you would like to discuss your drug-related DUI / OVI case, you can schedule a free telephone consultation by submitting a CONTACT FORM or by calling 614-717-1177.

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