In November of 2022, an article in this blog reported the state of Ohio intends to use oral fluid testing in the future. The future is here. When NBC4 reported on the Traffic Safety Council’s recommendation of oral fluid testing for DUI cases (called ‘OVI’ in Ohio), the Ohio Department of Health had already passed new regulations which add oral fluid to the bodily substances which may be tested. Those regulations became effective on January 23, 2023.
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We’ve used this space in the past to discuss issues with Ohio’s approach to DUI (called ‘OVI’ in Ohio) cases involving marijuana. The rising prevalence of marijuana OVIs following Ohio’s legalization of medical marijuana has shown Ohio’s OVI laws are woefully out-of-date to deal with these issues. A recent bill in the Ohio Senate seeks to update the way the law treats marijuana OVIs. This bill, if passed, would have a profound impact on the way marijuana OVI cases are charged, handled by courts, and defended by OVI defense attorneys.
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According to a news report by NBC4 Columbus, the state of Ohio intends to use oral fluid testing to obtain evidence of drugged driving. In the video from NBC4, the Ohio Traffic Safety Council indicates there are increasing numbers of crashes caused by drug-impaired drivers. To combat this problem, the Traffic Safety Council recommends that law enforcement agencies implement oral fluid testing. This testing method has some advantages over currently used drug tests, but it also has drawbacks.
I’m not crazy about cold weather, and autumn signals the inevitable temperature decreases in Ohio. On the other hand, autumn also means the O.S.U. football season, as well as the annual DUI defense seminar in Las Vegas. I have attended the seminar about 20 times, and this year I gave a presentation.
Determining whether a driver is under the influence of marijuana is challenging. The standardized field sobriety tests used to predict alcohol levels are ineffective for marijuana intoxication. Levels of THC and its metabolites in blood and urine are not closely correlated with marijuana intoxication. So, how can law enforcement determine when THC is impairing a person’s ability to drive? Researchers are working on brain imaging technology which may offer a more reliable method for identifying impairment from marijuana intoxication.
A few days before the Kansas City Chiefs were to play in the Super Bowl, assistant coach Britt Reid (son of head coach Andy Reid) was involved in a three-car accident which left a five-year-old in critical condition. Earlier this month, Britt Reid was charged with the felony offense of ‘DWI-Serious Physical Injury’. While this incident occurred in Missouri, the investigation which led to the charge is essentially the same as a Vehicular Assault investigation in Ohio.
Many people charged with DUI (called ‘OVI’ in Ohio), especially those charged with a first offense, feel like they are in the dark. They do not understand the elements and consequences of OVI, and they do not know what to expect in the court process. They also are uncertain about whether to hire a lawyer and how to find a good defense attorney. I recently published a new book, the Ohio DUI/OVI Guide, which answers most of the questions people ask in this situation. My hope is that those who read the guide will no longer be in the dark.
When people think of a DUI charge (called ‘OVI’ in Ohio), most think of drunk driving. This is where the bulk of the money and effort have been concentrated to raise awareness: think of the “Buzzed Driving is Drunk Driving” or “Over the Limit, Under Arrest” advertising campaigns. However, with more states legalizing marijuana for medical and recreational use, more people are finding themselves charged with OVI stemming from alleged marijuana impairment. This is a trend we have been following for some time. For people charged with a Marijuana OVI, a frequent question is: How long is THC detectable in your system?
We’ve used this space in the past to discuss how the nationwide trend in marijuana legalization has impacted the enforcement of DUI laws (called ‘OVI in Ohio’). After last week’s election, 37 states plus Washington D.C. have now legalized marijuana in some fashion. While recreational use of marijuana has been decriminalized (but not legalized) in Ohio, medical marijuana has been legal here since 2016. What does this mean for marijuana DUI charges? Could changes to Ohio’s OVI laws be on the horizon?
Most states now have some form of legalized marijuana. Thirty-four states (as well as D.C., Guam and Puerto Rico) have medical marijuana programs, and ten states permit recreational marijuana use. The states with recreational marijuana have questioned whether marijuana legalization results in more traffic accidents. According to a recent article in the USA Today, the answer seems to be ‘no’. Nevertheless, Ohio aggressively enforces a flawed marijuana DUI law (called ‘OVI’ in Ohio).
Columbus OVI/DUI Attorney Blog