DUI / OVI Urine Tests in Columbus and Delaware, Ohio
If the police believe that you are impaired while operating your vehicle by alcohol or drugs, law enforcement may ask you to submit to a urine test. If the alcohol content is between 0.11 and 0.237, you will be charged with DUI / OVI “per se.” If your alcohol content is at or above 0.238, you will be charged with DUI / OVI “per se, high test.”
For drugs, the level you test at is more complicated. R.C. 4511.19 does not address every substance and the level you must test at to be determined to be impaired. It only addresses amphetamine, cocaine, heroin, LSD and marijuana. For example, if your urine test reveals the presence of at least 10 nanograms of marijuana per milliliter, you will be determined to be impaired.
Ohio Law Regarding DUI / OVI Urine Tests
For a urine test to be admissible in court, it must be collected, stored and examined by techniques such as gas chromatography and mass spectrometry. One of the biggest problems with urine testing is that alcohol or drugs may remain long after consuming them. Thus, they may no longer be impairing your ability to drive at the time of the stop. An obvious example is marijuana, which can remain in your system for days, if not weeks, but is not currently impairing your ability to operate a vehicle.
Despite the issues with urine tests, Ohio’s law supports their use in DUI / OVI cases. The urine test is admissible provided it was obtained within 3 hours and is examined according to Ohio Department of Health regulations. Moreover, refusal to submit to a urine test will result in an administrative license suspension (ALS).
Attorney Review of Urine Test
An attorney can review the urine test and, if problems exist, file a motion to suppress the results if the test was not conducted in compliance with Ohio Department of Health regulations. If the lab personnel or records do not demonstrate that the test was conducted in compliance with Ohio Department of Health regulations, they can be ruled inadmissible.
Columbus and Delaware, Ohio DUI / OVI Attorney
If you have been charged with DUI / OVI in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced DUI / OVI attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI / OVI case.
Johnson Legal, LLC serves the following cities in the central Ohio area for DUI / OVI Defense:
Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Mt. Gilead, Pataskala, Granville, Whitehall, Franklin County, Morrow County, Licking County, Knox County, Union County, Madison County and Delaware County