While most people in Ohio know that the law prohibits drunk driving, they may not be aware that that drugged driving is also a significant offense. Understanding the two types of Operating a Vehicle while Impaired (OVI) charges can be crucial for anyone driving in the state.
Type one: OVI with a controlled substance
This type of charge applies when a driver has a measurable amount of a controlled substance in their system. Ohio law specifies certain limits for substances like marijuana, cocaine and heroin. If a driver’s blood or urine test shows a concentration above these limits, the authorities can charge them with an OVI.
For these charges, it does not matter whether the driver feels impaired or the authorities see signs of impairment. Exceeding the limit is enough for the police to file charges.
Type two: OVI for impairment by drugs
Other charges focus on whether the driver is impaired, not just the drug levels. These include illegal drugs and prescription meds if they affect driving. Even if the driver has a smaller amount of the drug in their system, they can face charges if they seem impaired.
This type of charge relies more on observational evidence and the judgment of law enforcement. Police use things like erratic driving, failing sobriety tests or acting like they are under the influence as evidence.
Both types of charges carry serious penalties
Both charges can lead to serious consequences like fines, losing your license and jail time. Multiple convictions can lead to even more severe penalties.
Because of the long-lasting impact that charges can have on your life and freedom, it is important to get help from a criminal defense lawyer. They can help fight the charges and try to reduce the penalties.
Drivers can protect themselves from either type of OVI charges
Drugged driving charges are as serious as drunk driving in Ohio. Knowing the difference between the two types of charges—based on drug levels and impairment—helps drivers make smart choices and protect their rights.