OVI Charges Involving Prescription Drugs in Columbus, OH

Prescription Drug OVI Lawyers in Columbus

While DUI charges usually involve a drunk driver, the laws against driving under the influence also include the influence of drugs. Prescription drugs can affect the perception and actions of a driver, and a charge for driving while influenced by prescription medicines is a serious offense. If you are suspected of driving in this condition, a police officer may request a chemical test to see what drugs are in your system. If the test shows certain amounts of drugs, this may be used as evidence against you during your case.

A prescription drug DUI/OVI can affect your future in many ways, and you need the help of an experienced lawyer to ensure that you can move past this charge and return to your daily life. An attorney from Luftman Heck & Associates can help you fight against this accusation. We have represented hundreds of clients across Ohio accused of driving while under the influence of prescription drugs. If you’ve been charged with OVI involving prescription medications, call Luftman Heck & Associates today at (614) 500-3836 for a free and confidential consultation of your case.

Prescription Drug OVI Charges

Prescription drugs — especially narcotic painkillers — may cause drowsiness or other effects that can make it dangerous to drive. For that reason, a driver who gets pulled over and appears to be impaired while on prescription drugs might find himself or herself arrested for OVI / DUI under Ohio Rev. Code 4511.19.

There are two ways you can be arrested for operating a vehicle under the influence of prescription drugs, or OVID, in Central Ohio — by simply being “under the influence” or by having a quantity of the drug in your urine or blood that exceeds the legal limits in Ohio Revised Code 4511.19. A police officer may arrest you for being under the influence after observing evidence of impairment, such as weaving in and out of your lane on the highway, or performing field sobriety tests and observing clues that indicate you’re impaired. You can be arrested for being under the influence even if the quantity of alcohol or drugs in your system does not exceed the legal limits.

However, when the amount of drugs in your blood or urine does exceed the legal limits, you can be arrested and charged with OVID per se, or in other words violating the OVID statute simply by the fact of having more than the legal limit of drugs in your system.

Common Prescriptions that Might Result in an OVI / DUI

• Pain drugs such as oxycodone, hydrocodone, Vicodin, Percocet, OxyContin, or Lortab
• Cough syrups with codeine or hydrocodone such as Tussin, Tussionex, and Phenergan
• Sedatives such as Valium, Ativan, Klonopin, or Xanax
• Stimulants such as Ritalin, Adderall or amphetamines

What to Expect if You’re Charged with OVID/DUID in Columbus

Facing a charge of Operating a Vehicle under the Influence of Drugs (OVID) in Columbus can be overwhelming. You may be arrested for drugged driving if a police officer observes signs of impairment or if your blood or urine contains more than the legally allowed concentration of certain drugs. The penalties for a drugged driving conviction are severe, including jail time, hefty fines, and a long-term suspension of your driver’s license. An experienced Columbus DUI lawyer can help you navigate the legal system, challenge the evidence against you, and work toward the best possible outcome.

Drug Testing & Penalties for Refusal

When an officer suspects you of driving under the influence of drugs, he or she will ask you to submit to a blood or urine test to determine whether drugs are present in your body and whether the amount exceeds the legal limit. The officer is required to get your consent within two hours of your alleged violation, and your sample must be collected within three hours.

There are penalties if you refuse to take a blood or urine test. Ohio Revised Code 4511.191 says any person who drives on a public highway is deemed to give consent to chemical tests of breath, blood, or urine to determine the alcohol or drug content in your body. When you refuse, your driver’s license can be suspended for a year for your first refusal, two years for your second refusal, three years for your third refusal, and five years for subsequent refusals.

If you refuse to voluntarily give a blood or urine sample, the officer must then get a judge to issue a warrant to compel you to give a sample. It has been the law in Ohio that a police officer could compel you to give a blood sample without a warrant when there were extenuating circumstances and to use “any reasonable means necessary” when you have two or more previous DUI convictions. However, a recent court case may render that provision an unconstitutional violation of your Fourth Amendment rights to be free from unreasonable searches and seizures.

Penalties for DUI Involving Prescription Drugs in Columbus, Ohio

The penalties for driving under the influence of prescription drugs are the same as for driving under the influence of alcohol. The offense can be a misdemeanor or felony, depending upon the circumstances and whether you have prior OVI convictions within the past 10 years.

You’re likely to serve jail time — anywhere from a mandatory minimum of three days on a first offense to several months if you’ve had multiple OVIs — plus a driver’s license suspension and the potential for thousands of dollars in fines. Under some circumstances, you may be required to put special license plates on your car that brand you as someone convicted of OVI.

Defenses Against an OVI Involving Prescription Drugs

If you’ve been charged with driving under the influence of prescription drugs, an experienced OVI / DUI attorney may be able to help you fight the charge. Common defenses may involve questioning the officer’s version of events if there’s evidence that raises reasonable doubt that you were impaired or may involve challenging the test results if there were problems with the testing procedures, analysis, lab equipment, or personnel qualifications.

How a Lawyer Helps After a Drugged Driving Charge

• Case Evaluation & Investigation: A DUI lawyer will thoroughly review your case, examining the details of your arrest and any chemical tests administered to identify any procedural errors or rights violations.
• Challenging Evidence: Lawyers are skilled at identifying flaws in the evidence. This may include questioning the accuracy of drug tests, the legitimacy of the traffic stop, or any improper testing procedures.
• Defense Strategy: Your lawyer will develop a tailored defense strategy to challenge the charges against you. This strategy could include demonstrating that the drugs detected were legally prescribed or that the tests were improperly administered.
• Negotiating Pleas: In some cases, your lawyer can negotiate with the prosecution to reduce your charges to a lesser offense, potentially resulting in lighter penalties.
• Fierce Representation: Your lawyer will represent you in all court proceedings, ensuring your rights are protected and advocating for the best possible outcome.
• Minimizing Penalties: If a conviction seems unavoidable, your lawyer can work to minimize the penalties, such as advocating for electronic home monitoring instead of extended jail time or seeking limited driving privileges.

Frequently Asked Questions: Prescription Drug OVIs

What are the legal limits for drugs in my system?

The legal limits for various drugs in your system are specified in Ohio Revised Code §4511.19. For example, 10 nanograms per milliliter of marijuana in your urine can result in an OVID charge.

Can I be charged with OVID even if I have a prescription?

Yes, but you have an affirmative defense if you took the prescribed drug according to the directions of a licensed professional.

Can I get limited driving privileges after a DUID?

Yes, with the court’s approval, you may be granted limited driving privileges for essential activities like work, school, and medical appointments.

Facing a DUI involving Prescription Drugs? Contact LHA.

If you’ve been charged with an OVI / DUI, it’s important to know what you’re up against. If you have been arrested for impaired driving due to taking prescription medications, you need a competent and experienced Columbus DUI attorney to fight for you. Contact LHA at (614) 500-3836 or via email at advice@columbuscriminalattorney.com.