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What tests are used for marijuana DUI and OVI cases in Ohio? I'm Shawn Dominy. I'm a DUI lawyer in Columbus, Ohio and this video is going to answer that question. When a driver is suspected of being under the influence of marijuana, there are a variety of tests used, some are field tests, some are tests done at the police station, and then there are chemical tests for blood or urine. Let's talk about field tests first.

For the field tests, there are standardized tests, like the horizontal gaze nystagmus test, where you follow the pen or finger with your eyes. There's the walk and turn test, where you walk nine steps, turn around and take nine steps back. And then, there's that one leg stand test, where you stand on one leg for 30 seconds. Those are all standardized tests... standardized by the National Highway Traffic Safety Administration. And they're correlated with the expectation that your blood alcohol concentration will be over a 0.08%.

In addition to those standardized tests, there are non-standardized tests, like touching your finger to your nose like this, or touching your fingers together in a sequence, or tilting your head back and estimating 30 seconds. There's also the partial alphabet like, D to R, or counting backwards. Finally, there's this lack of convergence test, where they see if your eyes cross. And those are all non-standardized, so that they're not correlated with a blood alcohol concentration. And even with the standardized tests, those are correlated with alcohol concentration, they're not correlated with a marijuana metabolite concentration.

The second type of tests I mentioned, is done at a police station or at a jail. That is a drug recognition evaluation. That test is done after you're arrested and it has to be done by a certified Drug Recognition Expert. When the DRE does this evaluation, basically they're repeating some of the field sobriety tests. They're taking your vital signs. They're checking your muscles. They're checking your eyes. They also do a breath test at the beginning, and at the end they do a blood or a urine sample.

And that brings us to the third type of testing, and that is chemical testing of the blood or urine sample. First of all, you don't have to give a blood or urine sample. The officer either has to have a search warrant, or an exception to the search warrant requirement. One of the most common exceptions is consent. If you consent to a blood or urine test, then they can try to use its results in court. But, to use the results of the blood or urine test in court, those tests have to comply with regulations which are issued by the Ohio Department of Health, and sometimes the regulations aren't followed and the blood or urine test gets thrown out. If the blood or urine test isn't thrown out and it comes into court, we can still challenge it, because there are many errors which can occur in the testing process and in the collection process, which can affect the accuracy of the tests.

So, those are the three types of tests that are used in marijuana OVI cases. That just scratches the surface. Really, the testing in these cases gets pretty complex. But here at the Dominy Law Firm, we understand those complexities.

So if you have a case, where you're charged with operating a vehicle under the influence of marijuana, and if that case is in central Ohio, we can help. If you'd like to talk to us about representation, there are a couple of ways that you can reach us to schedule a free phone consultation. One way is to call the number on the screen, and the other way is to submit a contact form on our website. In any event, we look forward to hearing from you and we hope that you found this information is helpful.

For more information on Ohio DUI / OVI issues, see the videos on the Dominy Law Firm YouTube channel, the written information on the Dominy Law Firm website (https://www.dominylaw.com/), the articles on the Dominy Law Firm blog (https://www.columbusoviattorneyblog.c..., and our book: the Ohio DUI/OVI Guide.

Dominy Law Firm
7716 Rivers Edge Dr., Suite B
Columbus, OH 43235
614-717-1177