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You don't have to take an illegal substance to face an OVI charge in Ohio. A doctor-prescribed medication can cause an issue if it impairs your ability to drive. That doesn't mean a positive drug test automatically proves a prescription drug OVI charge. The circumstances surrounding the medication and the alleged impairment are also relevant. There are specific rules that can apply when a controlled substance was legally prescribed and taken as directed.
Ohio's OVI law does not make an exception simply because a drug came from a pharmacy instead of an illegal source. Ohio Revised Code § 4511.19, a person can be charged with an OVI for operating a vehicle while under the influence of a drug of abuse. Ohio's definition of that term includes certain controlled substances and prescription-only drugs, as well as substances that can impair a person's judgment or reflexes when taken in excessive amounts.
That does not mean taking a prescription medication and getting behind the wheel is automatically an OVI. The issue is whether the medication affected the person's ability to drive. That distinction matters because the State cannot simply point to a prescription medication and assume it caused impairment.
The Ohio Supreme Court addressed this issue in State v. May. The Court explained that when the State relies on R.C. 4511.19(A)(1)(a), it needs evidence showing that the particular medication had the potential to impair the defendant's judgment or reflexes and that the defendant was under its influence while driving. A prescription bottle or a positive drug test, standing alone, does not necessarily establish that connection.
An OVI charge doesn’t arise simply because someone took medication. Drivers can potentially face OVI charges when their prescription medication impairs their ability to safely operate a motor vehicle. The medication may cause drowsiness, slowed reactions, confusion, impaired coordination, or other effects. Common examples of prescription medication that can impair driving include:
Prescription drug OVI charges can also arise when a driver fails to follow the prescribed dosage by taking more than they should. Another potential scenario is when a driver takes the medication as prescribed, but they combine it with alcohol or another substance. This can result in greater levels of impairment than when the medication is taken without additional substances. In certain situations, a driver may follow their doctor’s prescribed dosage, but they have an unexpected reaction that impairs their ability to drive.
When an officer investigates a prescription drug OVI case, they focus on establishing impairment. They also look for evidence that connects the presence of prescription medication with the driver’s impaired ability to drive. This can include:
Under Ohio Revised Code § 3701.143, chemical testing of bodily substances for drugs, controlled substances, and metabolites is permitted.
Drivers have a right to defend themselves against prescription drug OVI charges. Each situation is unique, so the defense presented needs to address the circumstances and the state’s arguments. A strong place to start is by looking at each phase of the OVI, including the stop, arrest, testing, and alleged impairment. Investigate the circumstances of each phase by evaluating the following:
Working with an OVI defense attorney can assist drivers in forming an effective defense with the necessary supporting evidence.
A valid prescription does not automatically prevent a prescription drug OVI charge. Taking a drug exactly as directed can be significant evidence in an OVI case. However, it doesn’t necessarily prevent the State from alleging that the medication affected your ability to operate a vehicle.
Ohio does provide an exception to certain concentration-based OVI offenses. Ohio Revised Code § 4511.19(K) applies when a person has a prescription for a controlled substance and they took it exactly as the doctor instructed. They generally cannot be convicted under Ohio's specific OVI provision based solely on having a prohibited amount of that drug or its metabolite in their system. However, they can still face an OVI if the State claims the medication actually impaired their ability to drive.
If you’ve been charged with an OVI, a smart next step is to speak with an Ohio OVI defense attorney. A lawyer will explain the charges you are facing, potential outcomes, and possible defenses. They will evaluate the evidence against you and the circumstances surrounding the OVI. Do not change your medication protocols unless directed to do so by your healthcare provider.
Taking prescription medication does not automatically prevent an OVI charge. Ohio law provides an exception for certain controlled substances that were legally prescribed and taken as directed. If you are facing a prescription drug OVI, you do not have to assume that a positive test or an officer's observations tell the whole story. Wesley Buchanan, Esq. can review the circumstances of your arrest, the testing involved, and the evidence supporting the charge. Contact the firm today online or call 330-249-1778 to discuss your legal options.
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