Akron Drugged Driving Attorney

Drugged Driving in Akron

The crime, “operating a vehicle under the influence of drugs” (OVID), can be filed if you have any quantity of drugs in your urine or blood that exceeds the legal limits under Ohio Revised Code 4511.19.

Just like an OVI involving alcohol, the police may place you under arrest when they observe behaviors that may be signs of impairment, such as failing to use a turn signal, speeding, weaving in and out of traffic, and failing to pass field sobriety tests. Even if the quantity of drugs in your system does not exceed the legal limits, you can still be charged with OVID.

Akron Drugged Driving Penalties

The penalties you face for OVID will vary depending on whether it was a misdemeanor or a felony. Misdemeanor OVID charges often occur with first-time offenders and those who did not cause serious bodily injury.

However, if you have a history of drugged driving convictions or someone was seriously injured, you could reasonably face felony drugged driving charges.

Drugged Driving First Offense

As a first degree misdemeanor, an OVID requires:

• A mandatory minimum of three days consecutive imprisonment with a maximum of six months
• Or required attendance in a driver’s intervention program for three days
• A fine, not less than $375, but not more than $1,075
• A six-month to a three-year suspension

OVID Second Offense Within 6 Years

Still a first-degree misdemeanor, there is:

• A mandatory minimum of 10 consecutive days imprisonment with a maximum of six months
• Required assessment by alcohol and drug treatment program
• A fine of no less than $525 but no more than $1,625
• Class 4 license suspension, which is one to five years
• Offender’s vehicle and license plates impounded for 90 days

Third Drugged Driving Offense Within 6 Years

For this higher-level misdemeanor, there are:

• A mandatory minimum of 30 consecutive days imprisonment with a maximum of one year
• A fine of no less than $850 but no more than $2,750
• Class 3 license suspension, which is two to 10 years
• Required participation in an alcohol and drug addiction program
• Criminal forfeiture of your vehicle 

Fourth or Fifth OVID

Now with a fourth- or fifth-degree felony, there is:

• A mandatory minimum of 60 consecutive days imprisonment with a maximum of one to five years
• A fine of no less than $1,350 and no more than $10,500
• Three years to life license suspension
• Required participation in an alcohol and drug addiction program
• Potential criminal forfeiture of your vehicle

Sixth Drugged Driving Offense

Raised to a third-degree felony, there is:

• A mandatory minimum of 120 consecutive days in prison, with a maximum of one to five years
• A fine of no less than $1,350 and no more than $10,500
• License suspension
• Mandatory participation in an alcohol and drug addiction program
• Potential criminal forfeiture of your vehicle

Additional OVID Consequences

 The collateral consequences of a drugged driving conviction in Ohio include:

• Difficulty finding gainful employment
• Child custody issues
• Difficulty finding state housing
• Loss of federal student aid eligibility

It can also include a lot more consequences, which is why you must get help from an Akron drugged driving attorney. An attorney can help you prepare a powerful defense or explore your defense options.

Options for Those Charged With OVID

If you have been charged with drugged driving in Akron, you may be able to work out a plea agreement with the state’s prosecuting attorney. Many pretrial diversion programs are available to first-time, non-violent offenders. If this is your first time being charged with a crime of any kind, and no one was seriously injured, the state may be more willing to allow you to enter into a pretrial diversion program.

Here, once you complete the terms of the program, the charges against you can be reduced or dismissed entirely, leaving you with no criminal record. However, if you are a habitual drugged driving offender or have a long history of criminal offenses, you may not be eligible for pretrial diversion programs. Instead, working out a powerful defense strategy may be a better option for your case.

Akron Drugged Driving Defenses

Sometimes, presenting a solid defense can help you avoid a conviction. For drugged driving cases, several defenses are used more frequently than others. Some of the more common defenses against drugged and drunk driving in Akron include:

• Inaccurate or invalid test results
• Improper testing procedures
• Illegal search and seizure
• Illegal stop
• Police misconduct
• Lab contamination
• Chain of evidence issues
• Mistake of fact
• Lack of probable cause

Akron Drugged Driving Resources

When you’ve been accused of drugged driving in Akron, you may be feeling worried about your future. Here are some of the top resources available for individuals facing drugged driving charges across Summit County.

To start, here are some of the police departments and courthouses your loved one may have been taken to:

Akron Police Department
217 S High St.
Akron, OH 44308
330-375-2552

Ohio State Highway Patrol
108 Fir Hill
Akron, OH 44325
330-535-2783

Akron Municipal Court
217 S High St.
Akron, OH 44308
Harold K. Stubbs Justice Center
330-375-2120

Individuals charged with drugged driving may benefit from alcohol or drug treatment facilities. Here are some of the top programs in Akron:

BrightView
999 N Main St.
Akron, OH 44310
330-522-1298

Rigel Recovery Services
37 N Broadway St.
Akron, OH 44308
234-678-5720

CHC Addiction Services
725 E Market St.
Akron, OH 44305
330-434-4141

When you have been charged with drugged driving, it is vital to arrange bail. Here are some bail bonds options across Summit County:

Sly Bail Bonds
294 E South St.
Akron, OH 44311
330-906-2663

Ability Bail Bonds
201 W Chestnut St.
Akron, OH 44303
330-887-2245

All Ohio Bail Bonds
389 Cole Ave.
Akron, OH 44301
330-794-6555

Ohio Drugged Driving FAQ

The drugged driving charges against you may be overwhelming. We have answered some of the top questions surrounding drugged driving in Ohio. Any additional questions you may have can be answered during your confidential case evaluation.

Is having a dab pen a felony in Ohio?

Under Ohio law, the chemical compound in dab pens, tetrahydrocannabinol (THC), is considered a Schedule I controlled substance. Under the law, possession of a Schedule I controlled substance is a felony. This means having a dab pen would be considered a felony in Ohio.

What if the drugs I use are medicinal?

Whether the drugs in question are medicinal has no bearing on the drugged driving charges against you. The state will likely argue that you should not have been driving if you used medicinal drugs. However, your attorney may be able to show that your medical need for the drugs in question does not warrant other similar charges such as drug possession.

Do I have to be driving to be convicted?

No. If you are found to be in control of the vehicle, even if it was not running or driving at the time of the stop, you can still be charged with drugged driving in Akron.

Speak to an Akron Drugged Driving Lawyer

Drugged driving charges are far more severe than many people believe. With penalties this high, it is critical to take steps to protect your future. Schedule a confidential consultation with a dedicated Akron drugged driving lawyer at Erb Legal and start working on your defense strategy as soon as today.

You can reach us online or by phone at 330-249-1778 to determine how to best approach your Summit County drugged driving charges.