We talked earlier about narcotics and harsh Ohio penalties for distribution and possession of drugs. Drugs are illegal on the street and in your body when driving a car.
Operating a vehicle under the influence (OVI) of alcohol or drugs is illegal in Ohio. This means controlled substances, metabolites of controlled substances and drugs of abuse like marijuana are prohibited.
Over the age of 21, zero tolerance laws do not apply to either drugs or alcohol in our state. If arrested there are threshold amounts defined by the state that determine impairment. Those amounts are proven by chemical testing after arrest under the Ohio implied consent law.
Similar to drunk driving, Ohio requires that a prosecutor prove the following for conviction on a driving under the influence of drugs (DUID) charge:
Defendant was operating a vehicle
The vehicle was being operated under the influence of a drug of abuse
Concentrations of prohibited substance were present in the in blood, urine or other bodily substance
What should you do?
The best defense is one that does not have to be presented. Do not drive under the influence of drugs or alcohol. Be sure your car is well-maintained. Law enforcement requires probable cause to initiate a traffic stop. Do not give police a reason to pull you over with a burned-out headlight or expired registration tags.
If stopped, remember these tips:
Be polite, offer identifying information and then be quiet
Refuse roadside sobriety tests
Stay quiet if arrested and calmly go with the officers
What does DUID in Cleveland mean to you? If arrested it means a lot of trouble and the need to retain an experienced criminal defense attorney as soon as possible.