QUESTION
What could the penalty of a possible marijuana OVI be?
Asked on Feb 23rd, 2011 on Criminal Law - Ohio
More details to this question:
My son was pulled over last week, removed from my vehicle (which was searched) nothing found, taken to local PD and harassed about appearing high. He took a pee test but they said it would be 30 days, he was not cited for anything and he is still driving, can they give him an OVI if there is marijuana in his system, I heard it can stay in urine for up to 100 days. Can they legally search my car that my son was driving without my consent & can he now be charged with OVI? And what might his penalty be? We are very concerned and know that our son is not perfect.
1 ANSWER
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Pursuant to Ohio Revised Code Section 4511.19(A)(1)(j)(vii), a person is guilty of OVI if:
"(vii) The person has a concentration of marihuana in the persons urine
of at least ten nanograms of marihuana per milliliter of the persons
urine or has a concentration of marihuana in the persons whole blood or
blood serum or plasma of at least two nanograms of marihuana per
milliliter of the persons whole blood or blood serum or plasma."
Operating a vehicle under the influence of marijuana (or other drugs of abuse) is subject to the same penalties as alcohol.
As for the search question, if the driver consents to a search, there would generally not be any standing for the owner of the vehicle who was not present to object.
Answered on Feb 27th, 2011 at 3:03 PM