Posts Tagged ‘driving under the influence of drugs’

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Driving and Drugs: Ohio’s Per Se Marijuana Law

December 13th, 2011
Bottle for alcohol extract of cannabis. Label ...

While it is well established that alcohol consumption increases accident risk, evidence of marijuana’s culpability in on-road driving accidents and injury is far less clear. Although acute cannabis intoxication following inhalation has been shown to mildly impair psychomotor skills, this impairment is seldom severe or long lasting.  According to the US Department of Transportation, National Highway Traffic Safety Administration. State of Knowledge of Drugged Driving: FINAL REPORT. op. cit., “Experimental research on the effects of cannabis … indicat[e] that any effects … dissipate quickly after one hour.”  According to the 2004 National Highway Traffic Safety Administration factsheet, Drugs and Human Performance, peak acute effects are typically reached within 10 to 30 minutes after inhalation.

In Ohio, a person is guilty of DUI if he or she operates any vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Ohio Rev. Code Ann. § 4511.19.  In Ohio the threshold for drugged driving is illustrated in the following table. Ohio’s DUI Per Se Levels Id. § 4511.19(A)(1)(vii); Id. § 4511.19(A)(1)(viii)(I)-(II).

Prohibited Substance Urine Blood
Marijuana 10 ng/ml 2 ng/ml
Marijuana metabolite 35 ng/ml 50 ng/ml
Marijuana metabolite in combination with alcohol or other drugs 15 ng/ml 5 ng/ml

The above levels establish a per se level above which a person is considered to be statutorily impaired by marijuana. Ohio’s law represents the imposition of per se laws for drivers who test positive for THC in the blood without additional demonstrable evidence of psychomotor impairment.  Just like with alcohol, the “legal limit” is not linked with any qualities of the individual, including weight, frequency of use, time of last use or the bodies ability to metabolize THC.  The penalties imposed for a violation of the marijuana per se law are equivalent to the penalties for OVI.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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Ohio OVI: Standardized Field Sobriety Tests & Marijuana

December 1st, 2011

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).

Cannabis is another commonly used recreational...

More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana.  Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine.  This raises questions about the proper determination of probable cause.  If, for example, no alcohol was suspected how did the officer arrive deduce enough evidence to make an arrest? Were the standardized field sobriety tests administered to detect alcohol or something else?  Can the standardized field sobriety tests use in Ohio demonstrate impairment by any other drug than alcohol?

Because Ohio does not follow the Drug Recognition Expert (D.R.E.) protocol adopted in other states, the officer is left to rely on his training and experience in investigating a suspected marijuana-impaired driver.  This means that the officer will usually attempt to testify as to the defendant’s performance on the horizontal gaze nystagmus (HGN) test to support the probable cause for an arrest.  But is the HGN a proper test for marijuana?

In State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007), the court addressed the issue of standardized field sobriety tests and marijuana impairment.  Relying upon the NHTSA standards, the court concluded that observations as to performance on the walk & turn test and the one-leg stand test were indicative of impairment, thus allowing those to be used against a suspected marijuana user.  The HGN test, however, is not indicative of marijuana impairment.  According to NHTSA nystagmus would not be present due to marijuana and, as such, it was plain error to admit evidence of the HGN against the defendant.

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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Illegal Bath Salts, A Primer

September 7th, 2011

Methylenedioxypyrovalerone (MDPV) (“bath salts”, “Ivory Wave”, “plant fertilizer”, “plant food”,“Vanilla Sky”, “Energy-1”)

Methylenedioxypyrovalerone (MDPV) is a designer drug of the phenethylamine class. MDPV is structurally related to cathinone, an active alkaloid found in the khat plant, methamphetamine, and methylenedioxymethamphetamine (MDMA). MDPV is a central nervous system (CNS) stimulant and it was first seized in Germany in 2007. The abuse of MDPV is increasing, particularly in Europe and Australia. MDPV has been identified in products called “bath salts” which are sold on websites based in Europe.  MDPV is not approved for medical use in the United States.

MDPV (1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)- 1-pentanone; Chemical Abstract Service Number 687603- 66-3) is related in chemical structure to schedule I hallucinogenic substances (MDMA, MDEA) and to schedule I stimulants (cathinone, methcathinone). Its molecular formula is C16H21NO3 and its molecular weight is 275 g/mol. MDPV has a high melting point (estimated at 200oC) and is a solid at room temperature. MDPV is structurally related to MDMA and also to cathinone, with a ring-bearing substituent group. Cathinone derivatives, which bear ring-group substituents, have been reported to induce subjective effects similar to those induced by cocaine, amphetamine, and MDMA in humans. The subjective effects induced by ring-group substituted cathinones are feelings of empathy, stimulation, alertness, euphoria, and awareness of senses.  It has been demonstrated that MDPV administered to mice increased the extracellular levels of dopamine levels 60 min after administration of MDPV. Though MDPV increased dopamine levels, the effect was not as marked as the increases induced by methamphetamine or MDMA. (March 2011 DEA/OD/ODE)

Users of MDPV anecdotally report that they take 5 mg or less per session and there have been reports of cravings for MDPV by users. The acute side effects of MDPV include tachycardia, hypertension, vasoconstriction, and sweating. The duration of the subjective effects is about 3 to 4 hours and the side effects continuing a total of 6 to 8 hours after administration. Higher doses of MDPV have caused intense, prolonged panic attacks in stimulant-intolerant users. Users have reported bouts of psychosis induced by sleep deprivation and becoming addicted after using higher doses or using at more frequent dosing intervals. MDPV loses potency when it is put into solution.  MDPV has been identified in a seized product called “Ivory Wave”. It is sold as a “bath salt” with the label indicating “for novelty use only” without any instructions for dosage. “Ivory Wave” is sold in 500 mg packets on Internet sites based in Europe. MDPV has also been identified in a product called “Energy 1”, which is sold on United Kingdom- based websites.  User population information in the U.S. is very limited. There have been reports of MDVP being used predominantly by the youth population. MDPV data are not reported by any national drug study programs.

Currently, MDPV is not a scheduled drug under the Controlled Substances Act (CSA).

Information in this post is taken from information provided by the Drug Enforcement Administration, Office of Diversion. Orginal link here: http://www.deadiversion.usdoj.gov/drugs_concern/mdpv.pdf
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Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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Driving Under the Influence of Drugs in Ohio

August 31st, 2011
Cocaine hydrochloride for medicinal use. This ...

Ohio Revised Code 4511.19(A)(1)(j) prohibits the operation of a motor vehicle under the influence of a controlled substance, specifically if your blood or urine contains a statutorily specified concentration of: amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6-monoacetyl morphine), L.S.D., marijuana, marijuana metabolite, methamphetamine, phencyclidine, salvia divinorum, or salvinorin A.

Dayton DUI Attorney Charles M. Rowland II dedicates himself to the defense of the accused drunk driver.  He has attended the latest forensic science seminar of the National College for DUI Defense and is the only Ohio OVI attorney to have earned certification in Forensic Sobriety Assessment.  If you need an aggressive Ohio DUI attorney, contact Charles M. Rowland II today HERE, or at 937-318-1DUI (318-1384) or visit www.DaytonDUI.com.

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Driving Under the Influence of Ecstasy

July 5th, 2011

Driving Under the Influence of Drugs in Ohio

Animated picture of the chemical structure of ...

“Ecstasy,” 3,4-Methylenedioxymethamphetamine (MDMA) is popular among recreational drug users ages 17-25 who take the drug to experience heightened responsiveness to intimate touch, increased sexual stimulation, increased energy, elevated self-esteem and euphoria.  Several recent studies have attempted to define MDMA/ecstasy impairment:

  • Nichols, “Differences Between the Mechanism of Action of MDMA, MBB and the Classic Hallucinogens, Identification of a New Therapeutic Class: Entactogens,” 18 J. Psychoactive Drugs 305 (1986);
  • Parrott & Lasky, “Ecstasy (MDMA) Effects Upon Mood and Cognition: Before, During and After a Saturday Night Dance,” 139 Psychopharmacology, 261 (1998);
  • McCann et al., “Cognitive Performance in (+3,4-Methylenedioxymethamphetamine (MDMA, Ecstasy)) Users: A Controlled Study,” 143 Psychopharmacology 417 (1999);
  • Gauzoulis-Mayfrank, et al., “Impaired Cognitive Performance in Drug-Free Users of Recreational Ecstasy (MDMA),” 68 J. Neurol. Neurosurg. Psych. 719 (2000);

Assuming your client does not take a chemical test, these types of case are defensible.  Because Ohio does not employ a Drug Recognition Expert (DRE) protocol, you can use a lack of “indicators” for ecstasy with little chance that the officer can present evidence based on any specialized training to contradict you.  Employing an expert should have particular impact in these types of cases.  Often the indicators for alcohol come in conflict with the “indicators” for MDMA use.  The indicators for MDMA include:

  • Horizontal and vertical gaze not present;
  • No lack of convergence;
  • Dilated pupils with slow reaction to light;
  • Elevated pulse rate;
  • Elevated blood pressure; and
  • Elevated body temperature.

Drug Evaluation and Classification Training Program – The Drug Recognition Expert School, U.S. Department of Transportation Safety Institute, NHTSA 1999 ed, as cited in Barone, Defending Drinking Drivers, Second ed. at 1-103.  Challenging this evidence at a motion to suppress would also require the prosecution to bring in an expert witness as the typical officer would lack the scientific background to present psychopharmalogical evidence.  You should also focus your potential defenses on what the officer observed as indicators of impairment by MDMA and the typical defenses raised by creating a time line favorable to your client.

If you face a charge of driving under the influence of drugs or driving under the influence of ecstasy, contact Dayton DUI Attorney Charles M. Rowland II at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263) or visit www.DaytonDUI.com.

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