Drugged Driving & DUID Defense Attorney in Dayton

DUID & DUI with Drugs Lawyer in Dayton, Ohio

We understand the stakes you face after an OVI/DUI conviction. Ohio imposes mandatory penalties for even first offenses.

Since 2010, Gounaris Abboud has successfully represented thousands of clients in their battles for justice. Our attorneys have over 50 years of combined legal experience, including prior work as prosecutors.

We have been recognized by our peers and professional organizations and receive high ratings from clients. Contact us to put an experienced criminal defense attorney from Gounaris Abboud in your corner.

Understanding Ohio’s DUID Laws

Although “driving under the influence (DUI)” and “driving under the influence of drugs (DUID)” are used informally, the Ohio Revised Code uses “operating a vehicle under the influence of alcohol or drugs (OVI).” This statute covers both drunk driving and drugged driving.

Drivers can violate this statute in two ways. First, drivers cannot operate a vehicle under the influence of alcohol, a drug of abuse, or a combination thereof. “Drug of abuse” includes controlled substances, prescription drugs, inhalants, and over-the-counter drugs.

Second, drivers cannot operate a vehicle while over the legal limit for illegal drugs or prescription medications.

These limits include:

These intoxicants impair the driver’s judgment or reflexes.

Impairing Effects of Various Illegal Drugs

Drugs are included on the controlled substance schedules because they pose a risk of addiction and adversely affect the user’s behavior.

Some well-known effects of controlled substances include the following:

• Marijuana impairment depends on the user, causing lethargy in some and mania in others.
• Cocaine causes mania, aggression, irritability, and paranoia.
• Heroin produces drowsiness and a mental haze.
• LSD generates visual and auditory hallucinations.
• Methamphetamine use leads to mania, loss of impulse control, and paranoia.

The result of these effects is an increased risk of injury or fatal crashes. Specifically, these drugs can impair reflexes and interfere with a driver’s ability to judge speed and distance. They also lead to increased crash risk due to reduced inhibitions and impulse control.

Prescription and Over-the-Counter Drugs

Over-the-counter and prescription drugs pose similar risks. Ohio’s DUI laws include impairment from a prescription medication whether it was obtained lawfully or illegally.

Prescription drugs and over-the-counter medications can cause the following known effects:

• Tranquilizers and antihistamines cause drowsiness, dull thinking, and impaired reflexes.
• Pain medications containing opiates produce euphoria, confusion, and loss of coordination.
• Anti-anxiety medications can cause decreased mental alertness and aggression.
• ADHD medications produce agitation, aggression, paranoia, and reduced impulse control.

The impairment caused by prescription drugs may worsen when combined with alcohol or other drugs. In other words, the combination might interfere with your driving ability even though each of the individual substances consumed would not have impaired you.

Penalties for DUID/Drugged Driving Under Ohio Law

The Ohio Supreme Court’s sentencing guidelines use the following factors:

• Number of drugged driving convictions.
• Amount of controlled substance in your system.
• Refusal of a blood or urine test.

The court imposes a sentence based on those factors, including:

• Incarceration from three days to five years.
• A fine of $375 to $10,500.
• Driver’s license suspension of one year to life.

The court can also require treatment for drug use disorder.

Implied Consent & DUI Drug Tests by a Law Enforcement Officer

Your driver’s license depends on your consent to a chemical test for drugs or alcohol. If law enforcement officers suspect drugged driving, they can request a breath, blood, or urine test. Drivers who refuse chemical or field sobriety tests have violated the “implied consent” they previously granted.

As a result, the officer can take your driver’s license on the spot and the Ohio Bureau of Motor Vehicles will issue a driver’s license suspension lasting from one to three years.

These actions do not depend on a conviction for OVI. They happen regardless of whether the officer makes a DUI arrest or prosecutors file a DUI charge. This type of license suspension is based solely on your refusal to take a breath, urine, or blood test to measure your controlled substance or blood alcohol concentration.

Defenses to DUID in Ohio

You have several possible defenses to criminal charges for DUI. First, you have not broken any driving laws if your driving difficulties resulted from anything other than chemical impairment.

For example, suppose that you suffered a panic attack or diabetic shock. An officer might mistakenly assume your symptoms resulted from drinking alcohol or using a controlled substance.

Second, the Ohio Revised Code provides an affirmative defense that applies even if a urine, whole blood, or blood serum test showed you were above the legal limits. Under this defense, you must prove you obtained the controlled substance under a valid prescription from a licensed professional and used the prescription medication according to the professional’s directions.

A third set of defenses arises from the original stop. Some issues your DUI attorney can raise include:

• You were not driving the motor vehicle.
• There was no probable cause to make the traffic stop because you followed traffic laws.
• The field sobriety test was flawed because of other physical problems.
• You passed the field sobriety test.
• The police unlawfully searched your motor vehicle.

Finally, you can challenge the reliability of the chemical tests. Even when run correctly, they can give inaccurate results.

How Can Our DUI Defense Attorney Help?

The lawyer you hire for your case can help in many ways.

A DUI attorney from Gounaris Abboud provides the following services:

• Discuss your situation to understand your side of the story.
• Review the prosecution’s evidence, including dashcam video and drug test results.
• Interview witnesses, such as passengers in your vehicle, who saw what happened.
• Examine the traffic stop, testing, questioning, and vehicle search for unlawful activity.

Once we know what happened, we customize a legal strategy for your situation. We may talk to you about hiring an expert witness to explain any medical problems you have or challenge the test results. Our attorneys will file motions to suppress any unlawfully obtained evidence.

Your lawyer will discuss your defenses with prosecutors to seek a dismissal or reduction of the charges. Ohio does not have a pre-trial diversion program for DUI defendants, so persuading prosecutors to change or reduce the charges may allow us to seek treatment at a Substance Abuse and Mental Health Services Administration (SAMHSA) facility instead of prosecution.

If we cannot work out a favorable deal, we will present your case to a Montgomery County jury and argue for a fair outcome based on the facts.

Why Choose Gounaris Abboud for Your Drug-Impaired Driving Case?

Our attorneys have over half a century of experience, including many favorable outcomes in DUI/OVI cases.

We have access to legal resources, like expert witnesses and medical professionals, who can help us explain your side of the story to Montgomery County prosecutors and jurors. Even if you have been convicted of DUI/OVI previously and are subject to zero-tolerance laws, you have defenses. Your attorney will advocate steadfastly for your right to a fair and just process.

Prosecutors, peers, and clients respect our professionalism and dedication to our clients. Our solid reputation shows in the outcomes we obtain. Whether you are facing a first offense or a felony charge for multiple convictions, we can help with your DUID case.