Driving under the influence of drugs, often called drugged driving, is a serious offense in Ohio. If you have been charged with drugged driving, the penalties can be severe. However, facing these charges does not mean you are automatically guilty. There are defenses available that can help reduce or dismiss the charges against you. Understanding your options and the legal strategies available is essential for building a strong defense.
Ohio law prohibits operating a vehicle while impaired by any controlled substance. Unlike alcohol-related charges, where a measurable blood alcohol content (BAC) can determine impairment, drugged driving cases often rely on less concrete evidence. In many situations, law enforcement must show that the drugs you allegedly consumed directly impaired your ability to drive safely. This can open up several potential defenses, depending on the circumstances surrounding your case. Sabol & Mallory Law Firm can provide skilled legal representation to help navigate the complexities of a drugged driving case and work toward the best possible outcome.
Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
Meet the lawyers who make up the legal team at Sabol Mallory LLC. Read their individual bios and get to know more about their education, experience and accolades.
Learn more about our teamChallenging the Traffic Stop
One of the first steps in a drugged driving case involves examining the legality of the traffic stop. Under the Fourth Amendment to the U.S. Constitution, law enforcement officers must have reasonable suspicion or probable cause to pull you over. If the stop was made without a valid reason, any evidence gathered during the stop, including field sobriety tests or drug tests, could be inadmissible in court.
For example, if you were stopped for a minor traffic violation that should not have raised suspicion of drug use, your attorney may be able to argue that the officer did not have sufficient grounds for the stop. Without a legitimate reason for the stop, the entire case against you may be weakened or dismissed entirely.
Field Sobriety Tests and Their Limitations
Field sobriety tests are often used by law enforcement officers to determine whether a driver is impaired. These tests may include walking in a straight line, standing on one leg, or following an object with your eyes. While these tests can be used to detect alcohol impairment, they are not as reliable in cases involving drugs. Many factors can influence the results of these tests, including medical conditions, fatigue, nervousness, or even poor weather conditions.
An experienced defense attorney can challenge the accuracy and validity of field sobriety test results. If the test was administered improperly or if external factors affected your performance, the results may be deemed unreliable. This can significantly weaken the prosecution’s case and increase the chances of a favorable outcome for you.
Questioning the Drug Test Results
In many drugged driving cases, law enforcement officers will request a blood or urine test to determine whether drugs are present in your system. However, drug tests are not always reliable. The timing of the test can affect the results, as certain drugs can remain in your system long after their impairing effects have worn off. For instance, marijuana can be detected in your system days or even weeks after use, despite no longer affecting your ability to drive.
Additionally, the procedures for collecting and analyzing the samples must be followed meticulously. If there was an error in the handling of your sample or if the test results were improperly interpreted, your attorney may be able to challenge the accuracy of the test. The defense may argue that the drugs detected were not active in your system at the time of driving, which could lead to the reduction or dismissal of your charges.
Medical Prescription Defenses
Another possible defense against drugged driving charges involves the use of prescription medications. Ohio law recognizes that some individuals may need to take medication for legitimate medical reasons. If you were taking a prescription medication as directed by your doctor, this can be used as a defense.
However, it is essential to demonstrate that the medication did not impair your ability to drive safely. Your attorney can gather evidence from your healthcare provider to show that you were following the prescribed dosage and that the medication was not affecting your ability to operate a vehicle. This defense may be particularly useful in cases where the drug in question is legally prescribed but is known to cause drowsiness or other side effects.
Lack of Evidence
For the prosecution to secure a conviction, they must prove beyond a reasonable doubt that you were impaired by drugs while driving. In some cases, the evidence may be insufficient to meet this standard. For example, if no drugs were found in your vehicle or if there is no video evidence showing signs of impairment, it may be difficult for the prosecution to build a strong case.
Your defense attorney can scrutinize the evidence presented by the prosecution and argue that there is not enough to prove your guilt. If the evidence is weak or inconclusive, this can lead to reduced charges or an outright dismissal of the case.
Unreliable Witness Testimony
In many drugged driving cases, witness testimony plays a role in determining whether a driver was impaired. This may include statements from law enforcement officers, passengers, or other drivers on the road. However, witness testimony is not always reliable. People can make mistakes or have biases that affect their perception of events.
A skilled defense attorney can challenge the credibility of witness statements by highlighting inconsistencies or showing that the witness did not have a clear view of the situation. This can cast doubt on the prosecution’s case and create reasonable doubt in the minds of the judge or jury.
Police Misconduct or Procedural Errors
Police officers must follow specific protocols when conducting a traffic stop, administering field sobriety tests, and collecting evidence. If the officer failed to follow proper procedures or violated your rights during the investigation, this could be grounds for a defense.
For example, if the officer did not inform you of your rights before conducting a search or failed to administer the drug test correctly, your attorney can argue that the evidence obtained as a result of these errors should be excluded from the case. Procedural errors can significantly undermine the prosecution’s case and may lead to a dismissal or reduction of charges.
Defending Against Marijuana Impairment Charges
Ohio has specific laws regarding marijuana use and driving, especially since medical marijuana is legal in the state. One of the challenges with marijuana-related drugged driving charges is that THC, the psychoactive component of marijuana, can remain in the body for an extended period. This makes it difficult to determine whether someone was impaired at the time of driving.
In defending against marijuana-related charges, your attorney can argue that the THC detected in your system was from prior use and not indicative of impairment at the time of the traffic stop. Additionally, if you are a registered medical marijuana patient, your attorney may be able to present evidence showing that your use of the drug was legal and did not impair your driving ability.
Understanding Your Legal Rights
Facing drugged driving charges can be overwhelming, especially when the penalties include fines, license suspension, and even jail time. However, it is important to remember that you have legal rights and options available to defend yourself. Whether it’s challenging the legality of the traffic stop, questioning the accuracy of the drug tests, or presenting evidence that you were following a prescription, there are several potential defenses that can help protect your future.
Working with a knowledgeable defense team can make all the difference in your case. Your attorney will guide you through the legal process, evaluate the evidence against you, and develop a strategy tailored to your specific situation. Each drugged driving case is unique, and the right defense will depend on the facts of your case and the charges you are facing.
If you or a loved one is facing drugged driving charges in Ohio, it is crucial to seek legal representation as soon as possible. At Sabol & Mallory Law Firm, we understand the complexities of drugged driving cases and are committed to protecting your rights. Our team is here to help you navigate the legal system and build a strong defense tailored to your situation. Contact us today to schedule a consultation and discuss your case with an experienced attorney who will fight for your future.