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There has been an increase in DUI arrests for suspected use of marijuana now that medical marijuana is legal in Ohio, and it will only increase more.  The penalties faced for being under the influence of marijuana are the same as under the influence of alcohol. If you are stopped, you will need the best criminal defense attorney.

Penalties vary according to whether the offense is a first or not.

  • First convictions. A defendant will face a fine of between $375 and $1,075, at least three days (and up to six months) in jail, or both; and between six months and three years of license suspension.
  • Second conviction within six years. A defendant will face a fine of between $525 and $1,625, at least ten days (and up to six months) in jail, or both; and between one and five years of license suspension.
  • Third conviction within six years. A defendant will face a fine of between $850 and $2,750, at least 30 days (and up to one year) in jail, or both; and between two and ten years of license suspension.
  • Fourth and fifth convictions. A defendant will face a fine of between $1,350 and $10,500, at least 60 days in jail (and up to five years in prison), or both; and between three years and permanent license suspension.
  • Sixth and subsequent convictions. A defendant will face a fine of between $1,350 and $10,500, at least 120 days in jail (and up to five years in prison), or both; and possible permanent license suspension.

If you are stopped while driving after smoking marijuana, do not EVER admit to smoking marijuana at any time, even if the police find marijuana on your person.  Do not EVER answer any questions, only say that you need to speak to your criminal defense attorney before you discuss anything, even the weather. You do not have to take any field sobriety tests. If you are arrested you should refuse to take a urine or blood test if you have been recently smoking marijuana or have been a heavy marijuana smoker within the last few days.

The Bottom Line: Remain silent and contact an aggressive criminal defense attorney who will challenge the probable cause for your arrest and appeal the license suspension for refusing the test. If a court finds there was no probable cause to arrest you the case will be dismissed and the license suspension can be cancelled.  Call me. 513.260.2099