Drug OVI
Drug OVI Attorneys in Columbus
Protecting the Rights of the Accused Since 2001
In the state of Ohio, it is illegal to operate a vehicle under the influence of drugs. This is known as driving under the influence of drugs (DUID) or operating a vehicle under the influence of a controlled substance (OVI). Drug OVIs are treated similarly to alcohol-related OVIs in that they are both serious offenses that carry serious consequences. If you are facing drug OVI charges, it is important that you reach out to a skilled attorney as soon as possible.
At Shark Law, we have been helping the accused fight their drug OVI charges for nearly two decades. Our Columbus drug OVI lawyers know the law and the local courts, and we can effectively fight for you. We understand that facing a drug OVI charge is overwhelming and that you likely have a lot of questions. We are here to provide the answers and guidance you need.
Call us at (513) 924-4378 or online to learn how we can help you with your drug OVI case.
What Is Drug OVI?
In Ohio, drug OVI is defined as operating a vehicle while under the influence of a controlled substance, or a combination of alcohol and a controlled substance.
Under Ohio law, a controlled substance is defined as any of the following drugs:
- Heroin
- Cocaine
- LSD
- Methamphetamine
- PCP
- Hashish
- Hashish oil
- Marijuana
- Prescription drugs
It is important to note that Ohio law does not differentiate between legal and illegal drugs. This means that you can be charged with a drug OVI for driving under the influence of a prescription medication or even over-the-counter drugs, such as cough syrup or sleeping aids.
Drug OVI Penalties
The penalties for a drug OVI conviction in Ohio are similar to those for an alcohol-related OVI. However, the penalties for a drug OVI conviction may be even more severe.
The penalties for a drug OVI conviction in Ohio, include:
- First Offense: 3 days to 6 months in jail, up to $1,075 in fines, and a driver's license suspension of 6 months to 3 years
- Second Offense: 10 days to 1 year in jail, up to $1,625 in fines, and a driver's license suspension of 1 to 7 years
- Third Offense: 30 days to 1 year in jail, up to $2,750 in fines, and a driver's license suspension of 2 to 12 years
- Fourth Offense: 60 days to 1 year in jail, up to $10,500 in fines, and a driver's license suspension of 3 years to life
Additionally, a drug OVI conviction may also result in mandatory drug counseling, probation, and mandatory installation of an ignition interlock device. If you are convicted of a drug OVI, you will also have a permanent criminal record. This can make it difficult to find employment, housing, or secure a loan.
How to Fight a Drug OVI Charge
If you are facing drug OVI charges, you may be wondering if it is possible to fight the charges. The answer is yes! There are a number of defenses that can be used to challenge a drug OVI charge.
Some of the most common defenses used in drug OVI cases, include:
- The arresting officer did not have reasonable suspicion to stop your vehicle
- The arresting officer did not have probable cause to arrest you
- The police did not follow proper protocol during the arrest
- The breathalyzer device was not properly calibrated
- The blood or urine test was not properly handled
- You were not properly advised of your Miranda rights
- The officer did not read you your Miranda rights
When you work with our Columbus drug OVI attorneys, we will begin by conducting a thorough investigation into your arrest. We will review the police report, the results of any BAC tests, and other evidence to identify any weaknesses in the prosecution's case. We will also work to uncover any evidence that may help prove your innocence. If we find evidence that your rights were violated or that the police made mistakes during your arrest, we will use that to your advantage.
We will develop a strategy to help you fight the charges and work to get them reduced or dismissed. If your case goes to trial, we will be there to aggressively advocate for you in the courtroom. We are not afraid to take on the prosecution, and we will do everything we can to help you achieve a favorable outcome.
How Is a Drug OVI Different from a DUI?
The primary difference between a drug OVI and a DUI is what the driver is under the influence of when they are arrested. In Ohio, driving under the influence of drugs is known as a drug OVI, while driving under the influence of alcohol is known as a DUI.
Both offenses are serious, and the penalties for a conviction are severe. That being said, the penalties for a drug OVI conviction may be more severe than those for a DUI conviction. This is because it is illegal to operate a vehicle under the influence of a controlled substance, even if it is a legal or prescription drug.
What to Do After a Drug OVI Arrest
If you are arrested for a drug OVI, it is important that you take the situation seriously. The first thing you should do is contact a skilled attorney. An attorney can help you understand your rights and guide you through the legal process.
Some other things you should do after a drug OVI arrest, include:
- Stay calm
- Do not resist arrest
- Do not answer any questions from the police
- Do not take any field sobriety tests
- Politely ask to speak to an attorney
It is important that you do not answer any questions from the police or take any field sobriety tests. Anything you say or do can and will be used against you in court. You have the right to remain silent and the right to an attorney. It is important that you exercise these rights.
Get in Touch with Our Firm Today
At Shark Law, we understand that facing a drug OVI charge can be overwhelming. You may be worried about your future and what will happen if you are convicted. We are here to help ease your concerns. When you hire us, you can trust that we will work tirelessly to help you achieve the best possible outcome.
Get started on your drug OVI defense today by calling our Columbus drug OVI lawyers at (513) 924-4378 or contacting us online. We offer free initial consultations.
For more information about drug OVI charges in Ohio, check out our blog:
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Steps To Take
After Drug OVI
A testing machine error could be the difference between a spotless and stained criminal record. Let our felony DUI lawyer fight for your rights in court. Call (513) 924-4378 or contact us online today to set up a free consultation.
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“Shane's ability to navigate the legal process and persuasive arguments in court were instrumental in securing a favorable result. I am forever grateful for his representation!”
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