An alternate to blood and breath testing in OVI cases are urine tests. These tests can detect the presence of alcohol or drugs well after their effects have worn off. For example, marijuana metabolites can be detected in urine for days or even weeks, depending on the frequency of use, despite the individual not being under the influence at the time of driving. However, this efficiency is also problematic – there is a very real potential for individuals to face charges based on non-impairing levels of substances in their system, despite using the substances days or even weeks before the arrest.
Cincinnati Attorney for OVI Urine Test Refusal
Refusing any blood or chemical test after an OVI arrest is illegal. Ohio state law requires all drivers to agree to testing under “implied consent.” While not as common, urine testing is often completed as an alternative to blood testing, especially when law enforcement suspects the use of drugs instead of alcohol.
In many cases, the use of chemical testing can feel damning, and like there’s no point trying to contest the charges. However, a strong OVI defense attorney can help show the court that law enforcement either had a procedural error or that you should never have been arrested in the first place.
The Wieczorek Law Firm, LLC is led by Mark Wieczorek, a former Ohio prosecuting attorney. Mark Wieczorek has defended clients since 2008 and serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.
Overview of Urine Testing in Ohio
- Urine Tests under Ohio Law
- OVI Laws Involving Urine Tests
- Questions About Urine Test Laws in Ohio
- Additional Resources
- Hire an Attorney for OVI Urine Testing in Hamilton County, OH
Urine Tests under Ohio Law
Urine tests are a standard method of detecting drug use in Ohio’s Operating a Vehicle Impaired (OVI) cases. They are non-invasive, cost-effective, and can detect drug metabolites even after the parent substance has left the body. Several types of urine tests are used, each with varying purposes and detection capabilities.
- Immunoassay Testing (IA): This is the most common initial screening method. It uses antibodies to detect specific drugs or their metabolites. It is quick and affordable but prone to false positives.
- Gas Chromatography-Mass Spectrometry (GC-MS): A confirmatory test following a positive immunoassay result, GC-MS is highly accurate and reliable but more expensive and time-consuming.
- High-Performance Liquid Chromatography (HPLC): Similar to GC-MS, HPLC offers precise results and is often used to detect specific drug classes.
- Point-of-Care Tests (POCT): These are rapid tests used in the field or at a medical facility to provide immediate results. They are less reliable than laboratory tests.
Urine tests for OVI typically screen for a wide range of substances. Below are the top 20 drugs and drug classes commonly detected:
- Alcohol (ethanol)
- Marijuana (THC)
- Cocaine
- Amphetamines
- Methamphetamines
- Opiates (e.g., morphine, codeine)
- Heroin (6-MAM metabolite)
- Fentanyl
- Hydrocodone
- Oxycodone
- Benzodiazepines (e.g., Valium, Xanax)
- Barbiturates
- Methadone
- Buprenorphine
- PCP (phencyclidine)
- MDMA (Ecstasy)
- Ketamine
- Tramadol
- Synthetic cannabinoids (e.g., Spice, K2)
- Synthetic cathinones (e.g., “bath salts”)
OVI Laws Involving Urine Tests
Operating a Vehicle Under the Influence of Alcohol (Standard OVI)
A first-time offense is classified as a first-degree misdemeanor. Penalties include a mandatory three-day jail term or a drivers’ intervention program, fines ranging from $375 to $1,075, and a license suspension lasting one to three years. Repeat offenses within ten years escalate the penalties, including mandatory jail terms of 10 to 30 days, increased fines, and extended license suspensions.
Operating a Vehicle Under the Influence of Drugs
For drug-related OVI cases, Ohio law sets urine limits for controlled substances. The penalties mirror those for alcohol-based OVIs. A first offense results in a misdemeanor charge, while subsequent offenses may involve harsher penalties, including longer mandatory jail terms, larger fines, and extended license suspensions.
High Test OVI Offenses
If a driver’s urine alcohol concentration exceeds 0.238 grams per 100 milliliters, they face elevated penalties under Ohio law. These include longer mandatory jail terms, mandatory attendance at alcohol treatment programs, and harsher fines. These offenses demonstrate the court’s view of heightened risk and harm from high alcohol levels.
Differences Between Urine Tests and Other Chemical Tests
Urine tests differ significantly from blood and breath tests in terms of their reliability and timing. While blood tests provide a more accurate measure of substances in the body at the time of driving, urine tests only detect the presence of substances after they have been metabolized. This means urine tests often reflect past use rather than current impairment. Additionally, urine tests are more susceptible to contamination or mishandling during collection.
The Role of Expert Witnesses in OVI Cases
Expert witnesses, such as toxicologists or forensic scientists, play a crucial role in challenging urine test evidence. These professionals can evaluate whether the testing methods used were accurate, whether the sample was contaminated, or whether the substance levels detected reflect impairment at the time of driving. Expert testimony can also address false positives caused by medical conditions or medications.
Questions About Urine Test Laws in Ohio
- What happens if someone refuses a urine test in Ohio?
Refusing a urine test triggers automatic penalties under Ohio’s implied consent laws, including immediate license suspension, even if the person is not convicted of OVI. - Can someone be charged with OVI based solely on a urine test?
Yes. Under Ohio Revised Code Section 4511.19, exceeding the legal limits for alcohol or drugs in urine is sufficient for an OVI charge, even without other evidence of impairment. - How long do drugs stay detectable in urine?
Detection times vary by substance. For example, marijuana metabolites may remain in urine for days or weeks, while alcohol typically clears within hours. - Are urine tests accurate for determining impairment?
No. Urine tests detect the presence of substances but do not measure active impairment at the time of driving. - Can a person challenge the validity of a urine test?
Yes. Defenses include procedural errors, improper handling, or questioning the scientific reliability of the test. - What are the penalties for a first-time OVI based on a urine test?
Penalties include a minimum three-day jail term or intervention program, a fine of $375–$1,075, and a license suspension of one to three years. - What are the legal limits for drugs in urine?
Specific limits are set for substances like marijuana (35 ng/mL), cocaine (150 ng/mL), and methamphetamine (500 ng/mL) under Ohio Revised Code Section 4511.19.
Additional Resources
- Ohio Revised Code Section 4511.191: Implied Consent – This law outlines Ohio’s implied consent requirements for chemical tests, including urine tests, for drivers suspected of operating under the influence. It provides details about administrative penalties, such as license suspension, and the process for appealing such penalties. The section also covers procedures for law enforcement when conducting chemical tests.
- Ohio Department of Health: OVI Approved Laboratories – This resource lists approved laboratories for conducting OVI-related chemical testing, including urine and blood tests. Updated regularly, it provides contact details for certified labs and ensures compliance with Ohio’s testing regulations. Visitors can download the latest list to find accredited facilities for accurate testing and legal compliance.
- United States Courts: How Substance Use Testing and Treatment Works – This source provides an overview of substance use testing methods used by federal courts, including urine, breath, and sweat patch tests. It explains how testing detects substances, the role of testing in monitoring individuals under supervision, and the confirmation process for positive results. It also discusses available treatment services for substance use disorders.
Hire an Attorney for OVI Urine Testing in Hamilton County, OH
The Wieczorek Law Firm, LLC, is led by former Ohio prosecutor Mark Wieczorek. Attorney Wieczorek has over 16 years of experience and is ready to hear your case. The Wieczorek Law Firm, LLC represents clients in Southern Ohio, including the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.