The only presumption permitted in an Ohio DUI/OVI trial is the presumption the defendant is not guilty. In a case alleging drugged driving, the prosecution must prove the defendant ingested a drug, and the prosecution must prove the defendant’s ability to drive was impaired. Finally, as a recent case illustrates, the prosecution must prove causation: the impaired driving ability was caused by ingesting the drug.
An appellate case decided earlier this month illustrates how not to attack the constitutionality of a law. In the case of State v. Topolosky, the Tenth District Court of Appeals upheld Ohio’s DUI/OVI marijuana law. Coincidentally, just before the case was published, I wrote about this topic in this blog, and I spoke about this topic at two seminars. The defendant in Topolosky did essentially the opposite of what I suggested in the blog and presentations. The defendant used an argument destined to fail…with bad timing…without an expert witness.
Issue 3 went up in smoke last week, so it’s still illegal to use marijuana in Ohio. It’s also illegal to operate a vehicle under the influence of marijuana or with a prohibited level of marijuana metabolite in one’s urine. The last article in this blog addressed the duration of marijuana’s effects and the duration of marijuana’s detectability. The conclusion was marijuana effects last for two hours to five hours, but marijuana metabolites are detectable in urine for up to five weeks. With that backdrop, this article discusses whether Ohio’s DUI/OVI marijuana laws are Constitutional.
Next week, Ohioans will vote on Issue 3: a state constitutional amendment to legalize marijuana for medicinal and personal use*. If marijuana use is legalized in Ohio, more drivers will face charges of operating a vehicle under the influence of marijuana. Ohio’s OVI-marijuana laws raise many questions: How long does a marijuana high last? Does marijuana impair driving ability? Do blood and urine test results correlate with impaired driving ability? Are Ohio’s OVI-marijuana laws Constitutional? This article addresses the first question by discussing the duration of marijuana effects.
It won’t win a Pulitzer Prize, it will not be mentioned with the New York Times best sellers, and it will not be at the top of readers’ ‘wish lists’. In fact, most people may not find it very interesting. If you are charged with a DUI/OVI in Ohio, however, this book suddenly becomes a must-read. I’m talking about the new book: I Was Charged With DUI/OVI, Now What?!
In January, Colorado became the first state to legalize recreational marijuana. In March, Colorado became the first state to televise entertaining public service announcements about the danger of driving under the influence of marijuana. The commercials are part of the Colorado Department of Transportation’s new campaign: “Drive High, Get A DUI“. 
Although Colorado is one of only two states to legalize recreational marijuana, it is not the only state to criminalize operation of a vehicle under the influence of marijuana. Contrasting Colorado’s handling of DUI marijuana with that of Ohio illustrates the deficiencies in Ohio’s approach.
William Strebler was lucky and unlucky. When he drove his car between two parked trucks, nobody was killed or injured. That’s pretty lucky. After he was found guilty of driving under the influence of his prescribed pain medicine, his conviction was affirmed by the court of appeals, and he had to serve two years in prison. That’s not-so-lucky. His case illustrates the importance of trial strategy in Ohio D.U.I./O.V.I. defense and also demonstrates the difficulty of enforcing D.U.I./O.V.I. laws when the substance in question is a prescription medication.
Kerry Kennedy recently ran her vehicle into a truck and continued driving. She was soon found slumped over the steering wheel, and she was unable to remember what happened, as reported by ABC News. Kennedy said it was possible she accidentally took Ambien that morning rather than a thyroid pill. She also said an examination by her doctors revealed she had a seizure. Kennedy was charged with driving under the influence of drugs and has pled not guilty. Her crash raises questions regarding driving under the influence of Ambien.
The Chicago Tribune reported that the driver of a tour bus in Chicago struck and killed a pedestrian, and a blood test following the accident was positive for cocaine. The bus driver is now being held without bail and likely facing charges of D.U.I. and Aggravated Vehicular Homicide. This tragic incident highlights the issues of driving under the influence of drugs, vehicular homicide, and commercial drivers.
When we think of O.V.I. (D.U.I.) cases, we tend to think of cases involving a person driving under the influence of alcohol. However, Ohio O.V.I. law also prohibits operating a vehicle under the influence of a drug of abuse, and many prescription medications are “drugs of abuse”. In a recent O.V.I. case, the court of appeals stated the defendant could be convicted of O.V.I. for operating a vehicle under the influence of prescribed medication.
Columbus OVI/DUI Attorney Blog