More Drugged Driving Arrests in Ohio Highlight Need for Strong Defense

September 27, 2012 (Press-News.org) Pretty much everyone knows about the 0.08 blood alcohol limit for driving in Ohio. But, alcohol intoxication is not the only form of impairment that concerns Ohio law enforcement officers.

Drugged driving charges are becoming increasingly common in the Buckeye State. What's more, unlike in drunk driving cases, there is usually not a measurable legal intoxication level for drugged driving, meaning that driving after taking even a small amount of a drug can land you in serious trouble.

Upward Trend in Drug Arrests by Ohio Highway Patrol May Be Due To Upped Enforcement

For at least the last five years, drug violations reported by the Ohio highway patrol have been steadily increasing. From just 4,724 in 2007, the number climbed to 6,164 by 2011. And, the trend shows no sign of slowing down this year: in the first half of 2012, the Ohio Highway Patrol reported 4,674 drug violations, putting it on track to be a record year.

According to Highway Patrol spokesmen, it is unclear whether the increase in drug incidents is primarily due to increased drug activity, or is simply the result of stepped-up drug enforcement efforts. But one thing is certain: the Ohio Highway Patrol and other Ohio law enforcement organizations are taking proactive steps to curb drugged driving.

New criminal patrol teams equipped with drug sniffing dogs were created in 2011. In addition, last year alone, Ohio law enforcement organizations more than doubled the number of Drug Recognition Experts, or DREs, on the state's roads. A DRE is a police officer who is highly trained to recognize drivers under the influence of drugs based on observable signs and symptoms. Spurred on by an influx of federal funds provided by the National Highway Traffic Safety Administration, Ohio's DRE program is growing by leaps and bounds.

Challenging a Drugged Driving Charge in Ohio

A heavy enforcement focus raises your odds of being picked up for a drugged driving offense. Although methamphetamine, cocaine and heroin use can all subject a driver to a drugged driving charge, most commonly, drugged driving is charged based on less serious drugs like marijuana and prescription pills.

Ohio statutes are very strict when it comes to driving under the influence of drugs; even if you took only a small amount of a drug, you will likely be considered over the legal limit for driving. However, there are legal defense strategies that may be an option in your case. If a criminal charge like drug possession accompanied your arrest, perhaps the validity of the search can be challenged and the evidence suppressed. Chemical tests (whether blood or urine) that show the presence of a drug in your system can also be challenged. Were collection procedures properly followed? Were the samples taken close enough to the time of the arrest by a qualified doctor, nurse or phlebotomist? Were the samples stored appropriately? Your case could hinge on the answers to any one of these questions.

If you've been arrested for drugged driving in Ohio, it is important to take the charges you are facing very seriously. But, you may still have a number of options that can help protect your future. Talk to a Cincinnati drugged driving defense attorney today to learn more.

Article provided by Matthew T. Ernst, Attorney at Law
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