Dayton Marijuana DUI Lawyers
Gounaris Abboud stands up to the state when you face OVI marijuana charges.
50+
Years Combined
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Success
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Our Experienced Marijuana DUI Lawyers in Dayton
Since Ohio began legal marijuana sales in 2024, many people assumed that they could legally drive after using cannabis. However, Ohio imposes mandatory jail or driver intervention sentences for all OVI marijuana convictions.
Our firm has handled hundreds of DUI cases. We have a 95% success rate in obtaining a positive resolution, whether it consists of a dismissal, acquittal, diversion, or plea deal. We strive for professionalism and compassion in all our cases and keep you informed about the developments in your case.
A cannabis charge is not the same as an alcohol charge, and it takes a lawyer who knows the difference. The science behind THC testing is messy, and that gives a skilled DUI lawyer real room to work. Our Dayton DUI attorneys focus on this area because the details matter so much.
Ohio treats driving under the influence of cannabis with strict penalties, even for a first arrest. Many people are shocked to learn that legal use does not mean legal driving. An experienced Dayton DUI lawyer can walk you through what the state must prove and where its case may be weak.
Contact us to learn how an experienced marijuana DUI attorney from Gounaris Abboud can help you.
Penalties for an OVI Charge Involving Marijuana Use
Marijuana driving laws work the same as alcohol driving laws. You may face the following DUI penalties if you drive while impaired or with an amount of marijuana in your system over the legal limit:
| Offense | Possible Sentence |
| First OVI |
|
| Second OVI in 10 Years |
|
| Third OVI in 10 Years |
|
| Fourth or Fifth OVI in 10 Years or Sixth OVI in 20 Years |
|
A first marijuana OVI can put you in jail for 72 hours at minimum, even with no prior record. That time is mandatory, though a driver intervention program can sometimes take its place. A single conviction can also cost you your license for up to three years.
The numbers climb fast with each new charge inside the lookback window. A DUI conviction in Dayton can lead to up to 180 days of jail time on a misdemeanor count. Mandatory jail time is built into every level, which is why fighting the charge early matters.
Arrested for Driving Under the Influence of Marijuana?
We have the experience and legal skills to fight for a fair outcome for your charges.
Defending You from a Marijuana DUI Charge
Gounaris Abboud has several strategies to defend you. Some options for how to beat marijuana OVI charges include the following:
- Undermine the officer’s observations on the road or during a field sobriety test.
- Challenge the chemical testing results.
- Establish that the police lacked probable cause to stop or test you.
Every strong defense starts with the stop itself. A police officer needs a real reason to pull you over, and without one, the whole case can fall apart. Our attorneys review dash camera video from the traffic stop to see whether that standard was met.
We also look hard at how the tests were run. Ohio law requires a blood or urine test within three hours of the stop, and a late sample can be challenged. A successful motion to suppress can throw out key evidence and sometimes end the case entirely.
How Ohio Tests for Marijuana Impairment
Ohio sets specific numbers for THC, just like it does for alcohol. The legal limit for THC in whole blood is 2 ng/mL, and the limit in urine is 10 ng/mL. A driver is treated as impaired if a urine test shows at least ten nanograms of THC per milliliter.
These tests are far from perfect. THC can stay in a person’s urine for several days, and in a regular user it can linger for four to six weeks. That means a blood or urine test can flag someone who was not impaired at all when they were driving.
This gap between detection and actual impairment is where a marijuana DUI lawyer goes to work. We question whether the reading in your blood serum or urine reflects impairment behind the wheel. Our attorneys also check the timing, since a sample drawn outside the three-hour window loses much of its weight.
Drug Recognition Experts and Field Sobriety Tests
When alcohol is not the issue, police often call in a Drug Recognition Expert. A DRE runs a 12-step evaluation meant to spot signs of drug impairment. The steps look official, but the method leans heavily on one officer’s judgment.
That subjectivity opens the door for a skilled attorney. We can challenge the credibility of a DRE by questioning their training, their notes, and their conclusions. Small errors in the 12-step process can undercut the entire opinion in front of a jury.
Field sobriety tests face the same scrutiny. These tests must follow NHTSA guidelines during a traffic stop, and officers who skip steps weaken their own evidence. NHTSA certification matters for the lawyer too, since knowing the manual helps our attorneys spot every mistake.
Ohio’s Marijuana Driving Laws
Ohio prohibits operating a vehicle under the influence of cannabis, whether it resulted from smoking weed, eating THC-infused products, or using THC oils. Under Ohio Rev. Code § 4511.19, you can commit a marijuana OVI in three ways:
- Driving abilities impaired by marijuana
- A marijuana blood concentration over the legal limit
- Alcohol or drug impairment and a marijuana blood and urine concentration over the limit
In Ohio, driving under the influence of cannabis is classified as Operating a Vehicle Impaired. OVI is the term the state uses in place of DUI, though people use both words for the same thing. The charge covers drugs and alcohol alike.
Legal possession did not change the driving rules at all. You can carry up to 2.5 ounces of cannabis, yet still face an OVI if you drive over the limit. That surprises a lot of new users who assume legal sales made driving fine.
What Happens After a Marijuana OVI Arrest
The moments right after an arrest shape the whole case. Stay calm and be polite, but do not answer questions about what you used or when. You have the right to stay silent, and using it protects you.
Write down what you remember while it is fresh in your mind. Note the time of the stop, what the officer said, and when any test was taken. Those details help your attorney find gaps in the state’s timeline later.
Call a lawyer as soon as you can, ideally the same day. Our firm offers a free consultation so you can learn where you stand at no cost. The sooner we start, the more evidence we can protect before it disappears.
How Our Dayton Marijuana OVI Lawyers Can Help You
A marijuana DUI attorney from Gounaris Abboud provides the following legal assistance when you face criminal charges:
- Discuss your version of what happened and the solutions we might achieve.
- Tailor a strategy to fit the facts and your goals.
- Investigate your case and gather evidence to support your side of the story.
- Negotiate with prosecutors for a dismissal, plea bargain, or diversion.
- Present your defenses to a jury if we cannot reach a deal.
- Advocate for your interests in any sentencing.
We also work to reduce the charge when a full dismissal is not on the table. A criminal defense attorney can negotiate a step down from an OVI to a lesser offense like reckless operation. That kind of reduction can keep the harshest penalties off your record.
Local knowledge plays a big part in these results. Trial experience in the courts where your case sits can shift the outcome of OVI cases. Our lawyers know the Dayton judges and prosecutors and use that insight at every stage.
Treatment Options and Drug Courts in the Dayton Area
Not every case ends in jail, and some paths focus on help instead of punishment. Drug courts offer supervised treatment as a route away from a long sentence. Finishing the program can lead to lighter penalties or a dismissed charge.
These programs come with real structure and real accountability. Support groups such as Marijuana Anonymous often play a part in the plan. Judges look favorably on defendants who take treatment seriously and show up ready to change.
Our attorneys can push for these options when they fit your situation. Drug courts are not open to everyone, so eligibility depends on your record and the facts. We review whether Marijuana Anonymous meetings or a formal treatment track could work in your favor.
Why Gounaris Abboud Excels in Defending Marijuana DUI Cases
Our firm has earned the respect of our clients and peers with the following:
- Over 50 years of combined legal experience
- A success rate of over 95%
- High client ratings, including hundreds of five-star reviews on Google
- Awards from prestigious legal publishers like Avvo and SuperLawyers
That proven track record is built on daily work in these courtrooms. Client reviews point again and again to clear communication and steady results. Gounaris Abboud is a top-rated Dayton DUI lawyer for good reason.
Focus is part of what sets our team apart. Many Dayton DUI lawyers spread themselves thin, while our attorneys concentrate on OVI and drug-related driving defense. That focus matters most in cannabis cases, where the science is complex.
Serving Dayton, Greene County, and Surrounding Areas
Where your case is heard affects how it moves forward. There are over thirty courts handling DUI cases across the Dayton region, and each has its own rhythm. Our attorneys appear in these courts often and know what to expect.
We defend clients throughout the greater Dayton area, not just the city itself. That includes Greene County, Huber Heights, and the smaller communities nearby. Court customs differ from one county to the next, and our lawyers read those differences quickly.
No matter where you were arrested, the deadlines start running right away. A criminal charge deserves a fast response from a firm that knows the local system. Contact us for a confidential consultation and let our criminal defense lawyers review your paperwork.
Frequently Asked Questions
on a Marijuana OVI Charge in Ohio
The police can administer blood or urine tests to determine the amount of marijuana in your system. A refusal to submit to a test can result in increased penalties and an automatic driver’s license suspension.
Everyone metabolizes the THC in marijuana differently. However, THC and its metabolites can stay in your system for hours after smoking — or several days if you are a regular marijuana user.
You can avoid one type of OVI charge by waiting until the marijuana wears off before driving. However, no one can predict how quickly your body will metabolize THC to avoid driving with a concentration over the legal limit.
Can you have weed in your car? After legalization, the legal amount of weed to drive with in Ohio is 2.5 ounces of cannabis or up to 15 grams of cannabis extract.
Yes, a medical marijuana card does not protect you from an OVI charge. The card lets you use cannabis legally, but it does not allow you to drive while impaired or over the limit. Police treat a medical user the same as anyone else during a traffic stop.
THC can linger far longer than the impairment itself. In a person’s urine, it may show up for several days after use, and in a regular user, it can stay detectable for four to six weeks. That long window is one reason these tests are so open to challenge.
Field sobriety tests are voluntary in Ohio, and you can decline them. These roadside tests were designed for alcohol, so they are a poor fit for cannabis cases. Chemical testing is treated differently, since refusing a blood or urine test carries its own penalties.
Yes, dismissal is possible depending on the facts of your case. A charge can fall apart when the stop was illegal, when testing missed the three-hour window, or when a DRE made errors. An experienced attorney reviews each of these points to look for a way out.
Resources for Marijuana OVI in Ohio
Some resources you can consult to learn about your legal rights and treatment options include the following:
All Rise — The National Association of Drug Court Professionals
This resource explains how judges and substance-use professionals run drug courts.
Marijuana Anonymous in Ohio
Marijuana Anonymous is a voluntary 12-step program for people looking for support while dealing with cannabis addiction.
Ohio Impaired Driving Law
The Ohio Supreme Court summarizes the legal consequences of OVI convictions for marijuana and other intoxicating substances.