In the state of Ohio, driving under the influence (DUI), is an offense that is punishable by law. Ohio DUI law states that it is illegal to operate a motor vehicle under the influence of alcohol (DUI) or drugs and is punishable state law:
Ohio DUI Laws – statute(s)
- C. § 4511.19.
Ohio DUI Laws – standard
- “No person shall operate any vehicle, . . . within this state, if, at the time of the operation, any of the following apply: . . . (t)he person is under the influence of alcohol, a drug of abuse, or a combination of them.” R.C. § 4511.19(A)(1)(a).
Ohio DUI Laws – applicable substances
- A “drug of abuse,” which means “any controlled substance, dangerous drug as defined in [R.C. § 4729.01], or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.” R.C. § 4506.01(M).
Ohio DUI Laws – affirmative defense
Ohio Per se – statute(s)
- C. § 4511.19.
Ohio Per se – standard
- “No person shall operate any vehicle, . . . within this state, if, at the time of the operation, any of the following apply: . . . [t]he person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person’s whole blood, blood serum or plasma, or urine that equals or exceeds any of the following . . . .” R.C. § 4511.19(1)(A)(j).
Ohio Per se – applicable substances
- Amphetamine (500 ng/ml urine; 100 ng/ml whole blood, blood serum or plasma). Cocaine (150 ng/ml urine; 50 ng/ml whole blood, blood serum or plasma). · Cocaine metabolite (150 ng/ml urine; 50 ng/ml whole blood, blood serum or plasma). · Heroin (2,000 ng/ml urine; 50 ng/ml whole blood, blood serum or plasma). · Heroin metabolite – 6-monoacetyl morphine (10 ng/ml urine; 10 ng/ml whole blood, blood serum or plasma). · L.S.D. (25 ng/ml urine; 10 ng/ml whole blood, blood serum or plasma). · Marijuana (10 ng/ml urine; 2 ng/ml whole blood, blood serum or plasma). · Marijuana metabolite and under the influence of alcohol or another drug (15 mg/ml urine; 5 mg/ml whole blood, blood serum or plasma). · Marijuana metabolite (35 ng/ml urine; 50 ng/ml whole blood, blood serum or plasma). · Methamphetamine (500 ng/ml urine; 100 ng/ml whole blood, blood serum or plasma). Phencyclidine (25 ng/ml urine; 10 ng/ml whole blood or blood serum or plasma). · Salvia divinorum; salvinorin A. R.C. § 4511.19(1)(A)(j).
Ohio Per se – affirmative defense(s)
- Subsection (A)(1)(j) does not apply if: “(1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs; [and] (2) The person injected, ingested, or inhaled the controlled substance in accordance with the health professional’s directions.” R.C. § 4511.19(K).
Ohio Implied consent – applicable drivers
- Any person who operates a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking within Ohio. R.C. § 4511.191(A)(2).
Ohio Implied consent – tests authorized
- Chemical test or tests of the person’s whole blood, blood serum or plasma, breath, or urine. R.C. § 4511.191(A)(2).
Ohio Implied consent – basis for test
- Driver must be arrested for DUI violation and LEO must have “reasonable grounds to believe” the person was operating a vehicle in violation of drugged driving laws. R.C. § 4511.191(A)(2), (3).
- LEO must advise the driver at the time of the arrest that if the person refuses to take a chemical test, the LEO “may employ whatever reasonable means are necessary to ensure that the person submits to a chemical test of the person’s whole blood or blood serum or plasma.” In such a case, the LEO is “immune from criminal and civil liability based upon a claim for assault and battery or any other claim for the acts, unless the officer so acted with malicious purpose, in bad faith, or in a wanton or reckless manner.” R.C. § 4511.191(A)(5)(a),
