Dayton Drugged Driving Attorney
According to the OVI Dashboard, over 26% of DUI/OVI arrests in Ohio involve drugs. DUI/OVI charges can have serious consequences, including mandatory jail time, fines, and criminal records.
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DUID & DUI with Drugs Lawyer in Dayton, Ohio
We understand the stakes you face after an OVI/DUI conviction. Ohio imposes mandatory penalties for even first offenses.
Since 2010, Gounaris Abboud has successfully represented thousands of clients in their battles for justice. Our attorneys have over 50 years of combined legal experience, including prior work as prosecutors.
We have been recognized by our peers and professional organizations and receive high ratings from clients. Contact us to put an experienced criminal defense attorney from Gounaris Abboud in your corner.
Our Dayton DUI lawyers serve clients throughout the Dayton, OH area, including Montgomery County, Greene County, Clark County, and surrounding communities like Huber Heights. We offer a free consultation so you can speak with an experienced Dayton DUI attorney about your case before making any decisions. Local attorneys know the local court systems well, understand local prosecutors’ strategies, and have established relationships with local judges, which gives our clients a meaningful advantage.
Understanding Ohio’s DUID Laws
Although “driving under the influence (DUI)” and “driving under the influence of drugs (DUID)” are used informally, the Ohio Revised Code uses “operating a vehicle under the influence of alcohol or drugs (OVI).” This statute covers both drunk driving and drugged driving.
Drivers can violate this statute in two ways. First, drivers cannot operate a vehicle under the influence of alcohol, a drug of abuse, or a combination thereof. “Drug of abuse” includes controlled substances, prescription drugs, inhalants, and over-the-counter drugs.
Second, drivers cannot operate a vehicle while over the legal limit for illegal drugs or prescription medications.
These limits include:
| Intoxicant | Legal Limit (Nanograms/Milliliter of Urine) | Legal Limit (Nanograms/Milliliter of Blood) |
| Marijuana | 10 | 2 |
| Methamphetamine | 500 | 100 |
| Heroin | 2,000 | 50 |
| Cocaine | 150 | 50 |
| LSD | 25 | 10 |
Ohio law also allows OVI charges even without a BAC of .08% if the state can show appreciable impairment from drugs while driving. For alcohol-related charges, Ohio’s legal BAC limit is .08% for most adults. Commercial drivers face a lower BAC limit of .04%, and underage drivers in Ohio have a BAC limit of just .02%. A CDL holder faces especially serious career consequences from any DUI/OVI arrest.
Impairing Effects of Various Illegal Drugs
Drugs are included on the controlled substance schedules because they pose a risk of addiction and adversely affect the user’s behavior.
Some well-known effects of controlled substances include the following:
- Marijuana impairment depends on the user, causing lethargy in some and mania in others.
- Cocaine causes mania, aggression, irritability, and paranoia.
- Heroin produces drowsiness and a mental haze.
- LSD generates visual and auditory hallucinations.
- Methamphetamine use leads to mania, loss of impulse control, and paranoia.
The result of these effects is an increased risk of injury or fatal crashes. Specifically, these drugs can impair reflexes and interfere with a driver’s ability to judge speed and distance. They also lead to increased crash risk due to reduced inhibitions and impulse control.
OVI Impaired allegations involve claims of appreciable impairment from drugs while driving, which means the state must prove actual impairment rather than simply pointing to DUI testing numbers. This distinction matters because it opens up additional avenues for DUI defense. An experienced Dayton DUI lawyer can challenge whether the prosecution can actually prove impairment given the specific facts and DUI testing results in your case.
Prescription and Over-the-Counter Drugs
Over-the-counter and prescription drugs pose similar risks. Ohio’s DUI laws include impairment from a prescription medication whether it was obtained lawfully or illegally.
Prescription drugs and over-the-counter medications can cause the following known effects:
- Tranquilizers and antihistamines cause drowsiness, dull thinking, and impaired reflexes.
- Pain medications containing opiates produce euphoria, confusion, and loss of coordination.
- Anti-anxiety medications can cause decreased mental alertness and aggression.
- ADHD medications produce agitation, aggression, paranoia, and reduced impulse control.
The impairment caused by prescription drugs may worsen when combined with alcohol or other drugs. In other words, the combination might interfere with your driving ability even though each of the individual substances consumed would not have impaired you.
Blood and urine samples for drug testing must comply with strict statutory timeframes and protocols under Ohio law. When these procedures are not followed correctly, the results may be challenged in court. Our Dayton DUI defense attorneys scrutinize every aspect of how drug testing was conducted to identify any violations that could work in your favor.
Accused of Driving Under the Influence of Drugs (DUID) in Dayton?
When you are charged with a DUI in Dayton, OH, the consequences can extend far beyond the immediate case. An OVI conviction stays on your record permanently in Ohio, and Ohio does not allow expungement of OVI convictions. Six points are added to your driving record for an OVI conviction, and those points remain for two years, affecting your insurance rates and driving privileges long after the case is resolved.
Penalties for DUID/Drugged Driving Under Ohio Law
The Ohio Supreme Court’s sentencing guidelines use the following factors:
- Number of drugged driving convictions.
- Amount of controlled substance in your system.
- Refusal of a blood or urine test.
The court imposes a sentence based on those factors, including:
- Incarceration from three days to five years.
- A fine of $375 to $10,500.
- Driver’s license suspension of one year to life.
The court can also require treatment for drug use disorder.
Implied Consent & DUI Drug Tests by a Law Enforcement Officer
Your driver’s license depends on your consent to a chemical test for drugs or alcohol. If law enforcement officers suspect drugged driving, they can request a breath, blood, or urine test. Drivers who refuse chemical or field sobriety tests have violated the “implied consent” they previously granted.
As a result, the officer can take your driver’s license on the spot, and the Ohio Bureau of Motor Vehicles will issue a driver’s license suspension lasting from one to three years.
Ohio is an implied consent state, meaning all drivers automatically agree to alcohol testing and chemical testing as a condition of having a driver’s license. Refusal can lead to separate misdemeanor charges if prior refusals exist on your driving record. Drivers can appeal an automatic administrative license suspension within 30 days of the OVI arrest, and an experienced Dayton DUI attorney can represent you at that hearing to protect your driving privileges.
An administrative license suspension is separate from the criminal case and happens immediately following an OVI arrest regardless of what happens in court. Fighting the administrative license suspension requires acting quickly, which is one more reason to contact an experienced Dayton DUI lawyer as soon as possible after your arrest. Our Dayton DUI defense team handles both the criminal charges and the Ohio BMV administrative process so no deadline is missed.
Defenses to DUID in Ohio
You have several possible defenses to criminal charges for DUI. First, you have not broken any driving laws if your driving difficulties resulted from anything other than chemical impairment.
For example, suppose that you suffered a panic attack or diabetic shock. An officer might mistakenly assume your symptoms resulted from drinking alcohol or using a controlled substance.
Second, the Ohio Revised Code provides an affirmative defense that applies even if a urine, whole blood, or blood serum test showed you were above the legal limits. Under this defense, you must prove you obtained the controlled substance under a valid prescription from a licensed professional and used the prescription medication according to the professional’s directions.
A third set of defenses arises from the original stop. Some issues your DUI attorney can raise include:
- You were not driving the motor vehicle.
- There was no probable cause to make the traffic stop because you followed traffic laws.
- The field sobriety test was flawed because of other physical problems.
- You passed the field sobriety test.
- The police unlawfully searched your motor vehicle.
Finally, you can challenge the reliability of the chemical tests. Even when run correctly, they can give inaccurate results. Breathalyzer tests can yield inaccurate results due to calibration issues, and a breath alcohol concentration reading that appears over the legal limit may be wrong if the breathalyzer was not properly maintained. Field sobriety tests must also be administered according to strict National Highway Traffic Safety Administration standards, and any deviation from those standards is grounds to challenge the results. Defendants can challenge chemical test evidence on various grounds, including contamination, improper procedure, and breach of statutory testing protocols.
How Can Our DUI Defense Attorney Help?
The lawyer you hire for your case can help in many ways.
A DUI attorney from Gounaris Abboud provides the following services:
- Discuss your situation to understand your side of the story.
- Review the prosecution’s evidence, including dashcam video and drug test results.
- Interview witnesses, such as passengers in your vehicle, who saw what happened.
- Examine the traffic stop, testing, questioning, and vehicle search for unlawful activity.
Once we know what happened, we customize a legal strategy for your situation. We may talk to you about hiring an expert witness to explain any medical problems you have or challenge the test results. Our attorneys will file motions to suppress any unlawfully obtained evidence.
Your lawyer will discuss your defenses with prosecutors to seek a dismissal or reduction of the charges. Ohio does not have a pre-trial diversion program for DUI defendants, so persuading prosecutors to change or reduce the charges may allow us to seek treatment at a Substance Abuse and Mental Health Services Administration (SAMHSA) facility instead of prosecution.
If we cannot work out a favorable deal, we will present your case to a Montgomery County jury and argue for a fair outcome based on the facts.
Prosecutors must prove DUI charges beyond a reasonable doubt, which is a high standard that our criminal defense lawyers work hard to make the prosecution meet. A local attorney can challenge evidence effectively in local courts because they know how judges in Montgomery County and surrounding jurisdictions handle these cases. Our Dayton DUI defense team uses every available tool to protect your criminal record, your driving privileges, and your future.
Why Choose Gounaris Abboud for Your Drug-Impaired Driving Case?
Our attorneys have over half a century of experience, including many favorable outcomes in DUI/OVI cases.
We have access to legal resources, like expert witnesses and medical professionals, who can help us explain your side of the story to Montgomery County prosecutors and jurors. Even if you have been convicted of DUI/OVI previously and are subject to zero-tolerance laws, you have defenses. Your attorney will advocate steadfastly for your right to a fair and just process.
Prosecutors, peers, and clients respect our professionalism and dedication to our clients. Our solid reputation shows in the outcomes we obtain. Whether you are facing a first offense or a felony charge for multiple convictions, we can help with your DUID case.
Our criminal defense lawyers serve accused drunk drivers and drugged driving defendants across the Dayton area, including in Greene County, Clark County, and Montgomery County courts. We understand how OVI laws are applied locally and have the OVI resources and relationships that matter when building your defense. Contact our law firm today for a free consultation with an experienced criminal defense attorney and take the first step toward protecting your driving record, your criminal record, and your future.
Frequently Asked Questions About Drugged Driving in Ohio
A first DUI offense in Ohio carries mandatory jail time of at least three days, fines, and a driver’s license suspension. A second OVI offense within ten years carries significantly increased mandatory jail time, higher fines, and a longer license suspension. OVI convictions remain on your record permanently in Ohio and can enhance penalties for any future OVI offenses, which is why fighting even a first DUI charge aggressively matters.
No. Ohio does not allow OVI convictions to be expunged or sealed from a criminal record. An OVI conviction stays on your record permanently and can show up on background checks for employment, housing, and professional licensing. This is one of the strongest reasons to fight Dayton DUI charges from the start rather than accepting a conviction.
An ignition interlock device is a breathalyzer connected to your vehicle’s ignition that requires a passing breath test before the car will start. Ohio courts order ignition interlock devices for many OVI convictions, particularly for repeat offenders or those with high-tier test results. If you are charged with a DUI in Dayton and are concerned about an ignition interlock device requirement, our Dayton DUI attorneys can advise you on how this may apply to your specific case.
A CDL holder faces especially serious consequences from an OVI arrest in Ohio. Commercial drivers have a lower legal BAC limit of .04%, and even a first-time OVI conviction can result in the loss of a commercial driver’s license for at least one year. This can end a career in commercial driving, which is why CDL holders facing any drunk driving charges or drugged driving charges in Dayton should contact an experienced Dayton DUI lawyer immediately.
A prior OVI conviction increases the mandatory minimum penalties for a new OVI offense in Ohio. Second, third, and subsequent OVI offenses carry longer mandatory jail time, higher fines, and longer driver’s license suspensions than a first DUI offense. OVI convictions also remain on your record permanently and can be used to enhance future charges, making it even more important to work with experienced Dayton DUI defense attorneys to fight every charge as aggressively as possible.