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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Ohio Drugged Driving

In Ohio, a person is guilty of DUI if he or she operates any vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Ohio Rev. Code Ann. § 4511.19 (West 2010).

In Ohio the threshold for drugged driving is illustrated in the following table. Ohio's DUI Per Se Levels Id. § 4511.19(A)(1)(vii); Id. § 4511.19(A)(1)(viii)(I)-(II).

Prohibited Substance

Urine

Blood

Marijuana

10 ng/ml

2 ng/ml

Marijuana metabolite

35 ng/ml

50 ng/ml

Marijuana metabolite in combination with alcohol or other drugs

15 ng/ml

5 ng/ml

Affirmative Defense

It is a valid defense if a person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs, and the person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions. Id. § 4511.19(K)(1)-(2).

NOTE: A doctor's recommendation to use cannabis is NOT a prescription.

Implied Consent

  • Any person who operates a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle shall be deemed to have given consent to a chemical test or tests of the person's whole blood, blood serum or plasma, breath, or urine to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person's whole blood, blood serum or plasma, breath, or urine. Id. § 4511.191(A)(2).

  • If a person refuses to submit to chemical testing the penalty is license suspension for 1 year for the first refusal, two years for the second refusal, and three for the third refusal. Id. § 4511.191(B)(1).

  • An arrestee who refuses to submit to blood alcohol test until he or she speaks with an attorney, arrestee has essentially refused a chemical test. Dobbins v. Ohio Bur. of Motor Vehicles 75, 664 N.E.2d 908 (1996).

  • Arrestee's request to confer with attorney before submitting to test was not refusal, where attorney had been contacted on first attempt and came to police station within 15 minutes. Stone v McCullion, 500 NE2d 326 (1985).

  • The law enforcement agency by which the officer is employed shall designate which of the tests shall be administered. Id. § 4511.191(A)(3).

Penalties

  • First offense 1st degree misdemeanor - mandatory minimum of 3 days consecutive imprisonment; maximum of 6 months imprisonment; OR required attendance in a driver's intervention program for 3 days; fine not less than $375, not more than $1075; 6 months to 3 year suspension. Ohio Rev. Code Ann. §§ 4511.19 (G)(1)(a)(i),(iii),(iv) (West 2010); Ohio Rev. Code Ann. §4510.02(A)(5) (West 2010).

  • Second offense (within 6 years) 1st degree misdemeanor - mandatory minimum of 10 consecutive days imprisonment, maximum imprisonment 6 months; required assessment by alcohol and drug treatment program; fine not less than $525, not more than $1,625; class 4 license suspension (1 to 5 years); offender's vehicle and license plates impounded for 90 days. Id. §§ 4511.19 (G)(1)(b)(i),(iii)-(v); Id. § 4510.02(A)(4); Id. § 4511.193(B)(2)(a).

  • Third offense (within 6 years) misdemeanor - mandatory minimum of 30 consecutive days imprisonment; maximum of not more than 1 year Fine not less than $850, not more than $2,750; class 3 license suspension; (2 to 10 years); required participation in an alcohol and drug addiction program; criminal forfeiture of vehicle. Id. §§ 4511.19 (G)(1)(c)(i), (iii),(iv),(vi); Id. § 4511.193(B)(2)(b).

  • Fourth or Fifth offense 4th degree felony - mandatory minimum of 60 days consecutive imprisonment; maximum imprisonment for 1 to 5 years; fine not less than $1350, not more than $10,500; 3 years to life license suspension; required participation in an alcohol and drug addiction program; potential criminal forfeiture of vehicle. Id. §§ 4511.19 (G)(1)(d)(i),(iii), (vi); Id. § 4510.02(A)(2); Id. § 4511.19(G)(1)(d)(v).

  • Sixth Offense (or more) 3rd degree felony - mandatory minimum of 120 days consecutive imprisonment; imprisonment for 1 to 5 years; fine of not less than $1350, not more than $10,500; license suspension; mandatory participation in an alcohol and drug addiction program; potential criminal forfeiture of vehicle. Id. §§ 4511.19 (G)(1)(d)(i),(iii)-(v).

Sobriety Checkpoints

In Ohio, law enforcement officials can conduct sobriety checkpoints under state and federal Constitution.

  • Public interest was unquestionably advanced in an effective manner by sobriety checkpoint. Furthermore, police were not granted unfettered discretion, the checkpoint was publicly announced and cars were stopped in a non-discriminatory fashion. State v. Bauer, 651 N.E. 2d 46 (1994).

Case Law

State v. McLemore, 612 N.E.2d 795 (1992) -- Positive urinalysis test for cannabis, along with signs of impaired driving, failed field sobriety tests, and cannabis in the defendant's car, was sufficient to support a conviction for driving under the influence of marijuana. No threshold level of concentration of controlled substances is required.

Columbus v. Freeman, 908 N.E.2d 1026 (2009) -- In Ohio, an intoxicated individual may use a vehicle as shelter, but may not operate a vehicle. 'Operate' is defined as "to cause or have caused movement of a vehicle." Ohio does not have a safe harbor provision allowing drivers to pull over and sleep it off. You may still be charged with operating a vehicle while intoxicated if it can be proven you drove while intoxicated.

Per Se Drugged Driving Laws

Ohio has a per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances.

Under Ohio's law, motorists with detectable levels of THC in the blood above 2 ng/ml or detectable levels of THC-COOH in the urine above 15 ng/ml are guilty of DUID. (Ohio Revised Code Annotated Section 4511.19, Amended by Senate Bill 8)

Penalty:

  • If violated, a mandatory jail term of three consecutive days (seventy-two consecutive hours.) The court may sentence an offender to both an intervention program and a jail term. The court may impose a jail term in addition to the three-day mandatory jail term or intervention program. However, in no case shall the cumulative jail term imposed for the offense exceed six months.

  • The court may suspend the execution of the three-day jail term under this division if the court, in lieu of that suspended term, places the offender under a community control sanction and requires the offender to attend, for three consecutive days, a drivers' intervention program.

  • License may be suspended from a definite period of six months to three years.

Ohio's law took effect in August 2006.

Ohio Penalties


Incarceration


Fine

Possession and Cultivation*

Less than 100 g

minor misdemeanor**

none

$150

100 g to 200 g

misdemeanor of 4th degree

not more than thirty days and/or fine

$250

201 g to 999 g

5th degree felony

Up to 12 months in prison

$2,500

1000 g to 4999 g

3rd degree felony

1 - 5 years and/or fine

$5,000-$10,000

5000 g to 19,999 g

3rd degree felony

1 - 5 years and/or fine

$5,000-$10,000

20,000 g to 40,000 g

2nd degree felony

mandatory prison term of 5-8 years

$7,500-$15,000

40,000 g or more

2nd degree felony

mandatory prison term of 8 years.

$10,000-$20,000

*For cultivation the entire plant is weighed, including the stem of the plant, the root system, as well as the leaves and flowers
**A minor misdemeanor does not create a criminal record in Ohio
A driver’s license suspension of from six months to five years is mandatory for any drug conviction in Ohio.

Sale/Distribution

gift of 20 g or less

minor misdemeanor**

none

$150

less than 200 g

felony

12 months prison and/or fine

$2,500

200 g to 999 g

felony

18 months prison and/or fine

$2,500

1000 g to 4,999 g

3rd degree felony 

1 - 5 years and/or fine*

$5,000-$10,000

5000 g to 19,999 g

3rd degree felony

1 - 5 years and/or fine*

$5,000-$10,000

20,000g - 40,000g

2nd degree felony

mandatory prison term of 5-8 years and/or fine

$7,500-$15,000

40,000 g or more

2nd degree felony

mandatory prison term of 8 years and/or fine

$10,000-$20,000

To minors within 1,000 feet of school, within 100 feet of a juvenile, and previous felony drug convictions

felony

increased penalty

increased penalty

*Mandatory minimum sentence.
**A minor misdemeanor does not create a criminal record in Ohio
A driver’s license suspension of from six months to five years is mandatory for any drug conviction in Ohio.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possession

misdemeanor

30 days

$750

Paraphernalia sale

misdemeanor

90 days

$1,000

Any drug conviction causes driver's license suspension for 6 months to 5 years.
Professional licenses are suspended.

 

Details

 

Possession of less than 100 grams of marijuana is a citable offense only, with a fine of $150. Possession of 100 grams or more is punishable by a fine of up to $250. For possession of 200 grams or more, the penalty increases to a possible sentence of 12 months in prison. Possession of 1,000 grams or more is punishable by 1 - 5 years in prison. Any possession of less than 5,000 grams does not carry the presumption of prison, which leaves available the possibility of probation. Possession of 5,000 grams of marijuana or more is punishable by 1 - 5 years in prison. For any amount or 20,000 grams or more the penalty increases to a mandatory minimum sentence of eight years in prison.

Delivery of 20 grams or less, for no remuneration, is considered possession and is punished with a fine of $150. Sale or distribution of less than 200 grams carries a penalty of 12 months in prison. Sale or distribution of 200 grams or more is punishable by 1 - 5 years in prison. Sale or distribution of 1000 grams or greater carries a mandatory minimum sentence of 1-5 years and/or a fine.

Sale to minors, sale within 1,000 feet of a school, sale within 100 feet of a juvenile, and previous felony drug convictions all increase the penalty for the sale or distribution of marijuana.

Possession of paraphernalia is punishable by up to 30 days in jail and sale of paraphernalia is punishable by up to 90 days in jail.

For all drug convictions, the offender's driver's license is also suspended for a period of 6 months - 5 years. Professional licenses are also suspended.



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