Heroin OVI Attorneys

Driving under the influence, or DUI, refers to a driver operating a motor vehicle while under alcohol. OVI refers to operating a vehicle while impaired. An individual can be charged with OVI under various circumstances. One situation is heroin OVI.

What Is Heroin?

Heroin is a synthetic derivative of morphine. It can be snorted, smoked, or injected. It causes euphoria, relaxation, nausea, and drowsiness.

In scientific terms, heroin is a synthetic derivative of the opiate morphine derived from the seeds of the opium poppy plant. Heroin can come in many different forms, although it most commonly presents as a white or beige odorless powder substance with a bitter taste. In other forms, heroin is a black sticky substance known as “black tar.” In this form, heroin may be snorted or dissolved into water before being injected. Heroin can be smoked, snorted, or injected.

As a substance, heroin is a narcotic and an illegal drug in the United States. The legality of most drugs is determined by how it’s being used and what it is being used for. Some drugs are illegal in some states but legal in others because of their use as prescribed medicine. Prescription drugs are considered legal for those given a valid prescription for the drug.

Nevertheless, if a person possesses or takes a prescription drug without a prescription from a physician, they could be charged with a drug crime. Heroin constitutes a large portion of the illicit drug market. It is also one of the most dangerous illegal drugs on the market. This is because it is extremely difficult to prevent heroin overdoses, partly due to the difficulties in determining the purity of the drug.

The government generally regulates controlled substances as they can have detrimental effects on a person’s health and welfare. The Controlled Substances Act divides different classes of drugs into five schedules based on medicinal value, the potential for abuse, public safety, and the likelihood of dependency. While morphine is considered a useful opiate, the U.S. Drug and Enforcement Administration (the “DEA”) classifies heroin as a Schedule I controlled substance.

This means that it is classified as an illegal drug. It is said to have no recognized medical use and a high potential for abuse. It is essential to state that controlled substances include legal and illegal drugs. Therefore, just because a drug is a controlled substance does not mean it is illegal or without medicinal value.

What Are the Federal Penalties for Heroin?

The DEA is responsible for enforcing the Title 21 United States Code Controlled Substances Act. The Act restricts the unauthorized possession, manufacturing, distributing, or dispensing of controlled substances. As heroin is a Schedule I controlled substance, the Act applies to it as a whole, and as such, there are very strict penalties for its possession, distribution, etc.

Offenders suspected of possessing, selling, or using heroin could be subject to arrest and prosecution in a federal criminal court. Those convicted face strict penalties, including fines and prison sentencing. Under the federal system, the following penalties for the possession of heroin are most common:

• First Time Possession: A prison sentence of up to one year, or a minimum fine of $1,000, or both;
• Second Time Possession: No less than fifteen days but no more than two years in prison, or a minimum fine of $2,500, or both; and
• All Subsequent Convictions: Punishable by no less than ninety days but no more than three years in prison, a minimum fine of $5,000, or both.

In addition, civil penalties may be set up to $10,000 for possession of controlled substances such as heroin. This is true whether or not criminal prosecution is pursued. Those convicted of possession could also be fined for reasonable expenses related to the investigation and prosecution of the offense. Further, penalties for possession with intent to distribute are potentially even more severe.

Drug trafficking is considered a much more severe crime than simple possession. Drug trafficking refers to selling, transporting, or illegally importing illegal controlled substances such as heroin. The following are the most common federal penalties for drug trafficking. It is essential to note that these penalties vary according to the quantity of the controlled substances involved in the transaction:

• First-Time Trafficking, Less Than One Kilogram: A first-time offender who possesses and trafficks between 100 and 999 grams mixture of heroin will generally encounter between five and forty years in prison. If the offense resulted in death or serious bodily injury, the offender would likely face more stringent penalties such as a prison sentence of no less than twenty years but no more than one life sentence. If the offender acted as an individual, they could face fines up to $5 million. These consequences increase for subsequent convictions; and
• First-Time Trafficking, More Than One Kilogram: A first-time offender who possesses and traffics more than one kilogram of heroin will likely face prison time of no less than ten years but no more than one life sentence. Nevertheless, if death or serious bodily injury was involved, the offender could be sentenced to prison time of no less than twenty years but no more than one life sentence. They will likely face fines up to but not to exceed more than $10 million. Penalties increase significantly for all subsequent convictions.

What Is Heroin OVI?

Heroin OVI happens when an individual operates a motor vehicle while under the influence of heroin. In some jurisdictions, this criminal charge may be a heroin DUI.

What Are the Penalties Associated With Heroin OVI?

The amount of time in jail depends on the jurisdiction. Most of the time, it’s a misdemeanor. For instance, a heroin OVI conviction in Ohio is a misdemeanor with at least three days in jail and a fine. In California, a heroin DUI is a minimum of six months in jail plus a fine, probation, suspended license, and DUI driving school for six months.

Can the Penalties Increase?

Yes. Penalties can increase for operating a motor vehicle under the influence of heroin. The severity of the potential penalties depends on circumstances such as:

• Being a repeat offender
• Causing serious bodily injury to another
• Having children in the vehicle at the time of a traffic stop

What If I Was Charged with Heroin OVI Even Though I’m No Longer Under the Influence?

Heroin can stay in a person’s system for a few weeks after consuming it. Police may charge a driver operating a vehicle under the influence of heroin after it’s detected in a blood or urine test.

What Are the State Penalties for Heroin Crimes?

As previously mentioned, penalties for crimes associated with heroin are determined by several elements. These elements include:

• Whether the crime involved buying, selling, trafficking, or possessing heroin;
• Whether this was a first, second, or subsequent charge;
• The amount of the drug in the offender’s possession; and
• What state the crime occurred in.

Although state laws vary, nearly every state adheres to the Uniform Narcotics Act. The Act makes heroin convictions a felony, with typical state possession charges including a prison sentence of up to seven years and a fine of up to $50,000. Sales or distribution of heroin can result in penalties of up to life in prison, fines of up to $100,000, or both.

Should I Talk to an Attorney About My Heroin OVI?

A drug-related DUI charge is difficult for prosecutors to establish because there are no immediate tests to determine BAC like with alcohol stops. Contact a drug attorney for help with your criminal charge today.