Facing a drugged driving charge in Ohio can be frightening and confusing, especially if you feel you were wrongly accused or if the charges seem severe. Ohio has strict laws against driving under the influence of drugs, whether they are illegal substances or prescription medications. When authorities suspect someone has been driving under the influence of drugs, they may charge them with what is commonly called “drugged driving,” which is officially known as an OVI or Operating a Vehicle under the Influence. Ohio’s laws treat drugged driving cases seriously, with similar consequences to those involving alcohol-related DUIs. Knowing what steps to take and how to defend yourself can make a significant difference in how your case turns out. By understanding the process, your rights, and possible defenses, you can make informed choices as you face this challenge. At, Sabol & Mallory Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Ohio’s Drugged Driving Laws
In Ohio, drugged driving laws prohibit operating a vehicle while under the influence of controlled substances, including marijuana, opioids, methamphetamine, and other illegal drugs. Ohio law also applies to prescription medications if they impair a person’s ability to drive safely. Just like alcohol-based DUI cases, these charges aim to prevent drivers from being on the road if they are under the influence of anything that could reduce their ability to drive responsibly and safely. Under Ohio law, a person can be charged with an OVI if a blood, urine, or saliva test shows specific levels of certain drugs in their system. However, unlike alcohol, which can be measured easily with a breath test, drugs often remain in the body long after their impairing effects have worn off. For example, marijuana can show up in a person’s system for weeks, even if they haven’t used it recently, making it challenging to determine impairment solely based on test results. This complexity makes defending drugged driving charges different from defending alcohol-related OVI cases.
Initial Steps After a Drugged Driving Charge
When facing a drugged driving charge, it is essential to act quickly to protect your rights. First, remain calm and avoid admitting guilt or providing too much information to law enforcement. You have the right to remain silent, and it is wise to use this right, as anything you say could later be used against you in court. If officers request a chemical test, remember that Ohio law has “implied consent,” meaning that by holding a driver’s license, you have agreed to undergo chemical testing when suspected of impaired driving. Refusing the test could lead to an automatic license suspension, but submitting to testing does not mean your case is over. Instead, it is merely one step in the process, and there may still be several ways to defend yourself against the charges. Once you have been released, it is crucial to contact an attorney who is familiar with drugged driving cases in Ohio. Your attorney can review your situation and explain how Ohio law applies, helping you understand potential defenses.
Examining the Evidence in Your Case
One of the key steps in defending a drugged driving charge involves examining the evidence against you. In Ohio, prosecutors must provide clear evidence to show that you were impaired while driving. This often includes results from blood, urine, or saliva tests, officer observations, and possibly field sobriety tests. Each type of evidence has weaknesses that could help in building a defense. For example, blood and urine tests do not measure current impairment and only show that drugs were present in your system at the time of testing. In some cases, the amount detected may not indicate impairment, especially if you have a tolerance for the substance due to medical treatment or other reasons. Field sobriety tests can also be unreliable, especially if you have health issues, feel anxious, or were in challenging physical conditions when asked to perform them. Your attorney may question whether the officer administered these tests correctly or whether they properly understood the results. If any steps in the testing or observation process were flawed, your attorney could use these issues to argue that the evidence should be dismissed or is not enough to prove impairment.
Challenging the Testing Process
Testing errors can be a strong point in fighting drugged driving charges. If your blood, urine, or saliva test was not handled correctly, the results might not be accurate, and you can challenge this evidence in court. For instance, lab errors, improper handling, or delays in testing could all lead to unreliable results. In some cases, law enforcement officers may not follow specific protocols for collecting and storing samples, which can compromise the evidence. Chain of custody is an important part of this process, meaning that there must be a clear record of everyone who handled your sample from the time it was collected until it was tested. If there is a gap or error in the chain of custody, your attorney can argue that the test results may be unreliable and therefore should not be used in court. Your attorney can also investigate the lab that performed the testing to ensure it met all required standards, as some labs may have a history of inaccurate results or improper procedures.
Defending Against Prescription Drug Charges
One of the complexities of drugged driving cases is that even legal, prescribed medications can lead to a charge if they impair your ability to drive safely. For example, pain medications, anti-anxiety drugs, and certain muscle relaxants can make someone feel drowsy or reduce their reaction time. However, if you were using these drugs as prescribed by a doctor and did not feel impaired, this could be an essential part of your defense. Your attorney may argue that you followed your doctor’s advice and that the amount of medication in your system did not affect your ability to drive. In some cases, it may be possible to have an witness testify on your behalf to explain how the medication affects your body and why it would not necessarily impair your driving abilities. By showing that your use of prescription medication was medically necessary and carefully monitored, you may reduce the impact of the charges.
Considering Alternative Explanations for Behavior
Another defense that may apply in your case is providing alternative explanations for your behavior during the arrest. Officers often use their observations to determine if someone is impaired, but these observations can be subjective and influenced by various factors. For example, some health conditions, like fatigue, anxiety, or even allergies, can cause red eyes, slurred speech, or balance issues, which officers may mistakenly interpret as signs of drug impairment. If you have a medical condition that could explain these signs, your attorney can present this information in court, showing that your behavior was due to another cause, not drug use. In other cases, the time of day, weather conditions, or stress from the situation may have caused you to act in a way that seemed unusual. These alternative explanations can help raise reasonable doubt about whether drugs were the true cause of the behavior the officer observed.
Negotiating Reduced Charges or Sentences
Even if the evidence against you seems strong, there are still ways to reduce the impact of a drugged driving charge. In some cases, your attorney may be able to negotiate with the prosecutor to have the charges reduced or to arrange for a plea agreement. This could involve agreeing to participate in a treatment program, attend driving courses, or comply with other court-ordered requirements in exchange for a lesser charge or penalty. Ohio courts often encourage programs that focus on rehabilitation and responsible driving rather than harsh punishments, especially if it is your first offense or if there were no injuries or accidents involved. By working with your attorney, you may be able to find a solution that allows you to move forward without a heavy impact on your record or personal life.
Preparing for Court
If your case goes to court, thorough preparation is essential. Your attorney will gather all evidence, witness testimonies, and analyses needed to present a strong defense. They will also prepare you for the kinds of questions you might face, both from the prosecutor and from the judge. During the trial, your attorney will present arguments that highlight the weaknesses in the prosecution’s evidence, such as testing inaccuracies, lack of clear signs of impairment, or legitimate reasons for your behavior. By making these points clearly and confidently, your attorney will work to create reasonable doubt about whether you were actually impaired by drugs at the time of your arrest. This preparation can significantly increase your chances of a favorable outcome.
The Importance of Legal Support in Drugged Driving Cases
Facing a drugged driving charge is serious, and understanding Ohio’s drug laws and the consequences of these charges is essential. The process of defending yourself can be complicated, especially with Ohio’s strict approach to OVI cases involving drugs. Having a strong defense strategy that addresses every part of the evidence and considers every possible explanation is crucial. Whether questioning the accuracy of tests, examining police procedure, or providing explanations for certain behaviors, a well-planned defense can make a difference in how the court views your case.
If you are facing a drugged driving charge in Ohio and need assistance navigating the legal process, reaching out to a law firm with experience in OVI cases can be a crucial step. The team at Sabol & Mallory Law Firm understands the stress and uncertainty that comes with these charges. They are ready to provide the guidance, support, and legal representation needed to fight for a favorable outcome. Connect with Sabol & Mallory Law Firm to discuss your case and learn how they can help you through this challenging time.