Cleveland DUI Drugged Driving Attorney

There are multiple ways that drugged driving cases are resolved in Ohio. In some circumstances, especially where the accused individual has a solid legal defense to their criminal charge, a bench or jury trial may be the best option.

When the case goes to trial, both parties present evidence, and attorneys make opening statements and closing arguments. The accused individual can raise one or more legal defenses to cast doubt on the prosecution’s case and prevent the state prosecutor from fully satisfying their legal burden of proof.

A successful defense might prevent the prosecutor from securing a conviction against the accused driver, resulting in a case dismissal.

At other times, the accused individual’s lawyer can negotiate a favorable plea deal with the state prosecutor. During a court hearing, the accused driver will typically plead guilty to a criminal charge in exchange for one or more concessions from the prosecuting attorney.

For example, the prosecutor might agree to a term of probation in exchange for a guilty plea. Alternatively, the prosecutor might recommend a lesser sentence, suspended sentence, or reduced charges in exchange for a guilty plea.

In some situations, it might benefit the accused driver to accept a plea deal from the prosecuting attorney. This is especially true if the individual does not have a solid legal defense to their charge. By accepting a plea deal, the accused driver takes away the uncertainty of a jury trial. However, they give up certain legal rights, including the right to take their case to trial or appeal the case result.

Our experienced legal team can help you determine your eligibility to argue a solid legal defense to your pending drugged driving charge. We can also counsel you on whether or not you should accept a plea deal from the state prosecutor handling your case.

Ohio recognizes two different types of drug driving charges: OVI impaired and OVI per se.

An OVI (operating a vehicle while intoxicated) impaired charge implies that some type of drug noticeably affects a driver’s mental processes, reaction time, or actions. To prove an OVI impaired charge, the state prosecutor must demonstrate, beyond a reasonable doubt, that the driver unlawfully consumed a scheduled drug and that the drug in question noticeably affected their ability to drive their motor vehicle safely.

Ohio’s other category of drugged driving charges is an OVI per se charge. With this charge, a driver may be subject to a conviction if they have a sufficient amount of drugs in their system. Moreover, for a prosecutor to obtain a guilty finding or conviction against a driver, the drug need not necessarily have impaired the driver’s ability to drive safely, responsibly, and carefully.

If a driver refuses to submit to a urine or blood test, a police officer can only arrest them for an OVI-impaired charge. However, if the driver takes a urine or blood test and the result shows that they exceeded the legal limit for that particular drug, then the driver may incur charges for both OVI per se and OVI impaired.

The amount of drugs that a driver may legally have in their system in Ohio depends on the type of drug test that the police officer conducts and the type of drug.

• For methamphetamines, the limit is 500 ng/mL of urine or 100 ng/mL of blood
• The legal limit for LSD is 25 ng/mL of urine or ten ng/mL of blood
• For cocaine, the limit is 150 ng/mL of urine or 50 ng/milliliter of blood
• For amphetamines, the limit is 500 ng/mL of urine or 100 ng/mL of blood
• For heroin, the legal limit is 2,000 ng/mL of urine or 50 ng/mL of blood.
• For marijuana, the limit is ten ng/mL of urine or two ng/mL of blood.

A driver with an excessively high concentration of a drug or other controlled substance in their urine or blood may also face a super DUI charge in Ohio.

To determine the level of drugs or alcohol in your system, a police officer or other investigator can administer a urine, blood, or breath test. If a police officer recently arrested you for drugged driving, you should have skilled legal counsel advocating for you every step of the way.

The experienced Cleveland drugged driving attorneys at Patituce & Associates, LLC can meet with you to discuss the circumstances of your arrest and the results of any chemical testing in your case. We can also determine if you may be eligible to raise one or more legal defenses to your drugged driving charge and explore other potential options for your case.

For a state prosecutor to obtain a conviction against you on a drugged driving charge, they must fully satisfy their legal burden of proof beyond a reasonable doubt. If the state prosecutor cannot meet their legal obligation, they cannot secure a conviction in your case, and a judge may have to dismiss the entire matter. If the prosecutor does secure a conviction, a sentencing judge will have the discretion to impose various penalties within the purview of the applicable state statutes.

The penalties that an individual may receive for a drugged driving conviction will depend on various factors, including the amount of the drug found in the driver’s system by chemical testing and the individual’s prior criminal record, if any.

Potential penalties for a drugged driving conviction may include:

• Monetary fines
• Jail time
• Required drug or alcohol testing and rehabilitation
• Supervised probation
• Restricted or revoked driver’s license

In addition to these potential legal penalties, drugged driving offenders may experience numerous collateral consequences affecting various parts of their lives. For example, an offender may have difficulty finding a place to live or gaining admission to a college, university, or other educational program.

Landlords and educational institutions routinely perform criminal background checks on applicants. A convicted drugged driving offender may also experience significant harm to their personal or professional reputation in the community.

If you ultimately incur a conviction on a drugged driving charge, our legal team can aggressively represent you at your criminal sentencing hearing before a judge. We can argue for the lightest possible penalty on your behalf and work to eliminate or at least lessen the collateral consequences you experience because of your drugged driving charge.

Our knowledgeable legal team can also help you raise a robust legal defense against your pending drugged driving charge in Cleveland. Available defenses are very case-specific and will vary depending on your circumstances.

First, you can allege that a police officer or investigator made a mistake while performing a chemical test. When police officers and others make serious mistakes, those mistakes may invalidate the test results, resulting in a complete dismissal of your drugged driving charge.

In addition, we can challenge the initial traffic stop in your case. For a police officer to validly pull your vehicle over, they must have at least some reasonable suspicion or probable cause that you committed a crime.

Drivers have a Fourth Amendment constitutional right against unreasonable searches and seizures. We can review your circumstances and determine if we can allege a Fourth Amendment violation in defense of your criminal charge.

We can also raise a Fifth Amendment challenge if a police officer takes you into custody and continues questioning you after you assert your right to the presence of legal counsel. The basis for this challenge is an individual’s constitutional right against self-incrimination.

Finally, we can challenge the validity of a field sobriety test if a police officer administers it incorrectly or if they fail to consider environmental factors, including lighting and weather. A field sobriety test may also be inaccurate if a driver suffers from a pre-existing and unrelated medical condition, such as one that affects their balance.

Our legal team can investigate the circumstances of your arrest with you and determine your eligibility for arguing one or more of these legal defenses in your case.

If you elect not to take a plea offer, we will proceed to trial. During the trial, the prosecution will present all of the evidence it has collected against you to convince the jury that you are guilty of the charges beyond a reasonable doubt.

During trial litigation, your lawyer will have an opportunity to cross-examine the government’s witnesses and challenge the prosecutor’s theory. You and your legal team will also have a chance to present your evidence and arguments.

We believe that every single person has the right to due process. Regardless of the nature of the case, we will fight tirelessly on behalf of each of our clients from the beginning of the process until the final verdict.