State v. Collins, 2012 Ohio 2236

The incident occurred February 7, 2011, in Wooster, Ohio, where Collins’ van slid off Oakley Road; he was charged with DUI of a drug of abuse under R.C. 4511.19(A)(1)(a) and failure to control under Wooster ordinances; the matter proceeded to a bench trial resulting in guilty verdicts on both counts.
The trial court sentenced Collins to three days in jail (suspended), an 18-month license suspension, and fines totaling $900; the sentencing entry was journalized May 2, 2011.
Collins denied being under the influence of any drug; no drugs were found in his vehicle or on his person; blood test results were never introduced because the sample was lost in the mail.
Two state officers testified that Collins’ speech was slurred/slow, eyes dilated, and movements impaired, and they opined he was under the influence of a drug; no alcohol detected by officers.
The State argued that proof of the specific drug or its concentration was unnecessary and relied on circumstantial evidence and lay testimony to show impairment; Collins appealed arguing insufficiency of evidence to prove impairment due to a drug of abuse.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Collins’ DUI conviction was supported by sufficient evidence	Collins, Peters would argue, no proof of a drug of abuse or impairment caused by a drug	Collins contends no nexus between impairment and a drug of abuse; no drug identified or blood results presented	Conviction reversed for lack of nexus to a drug of abuse; insufficient evidence

State v. Peters, 2008-Ohio-6940 (9th Dist. No. 08CA0009, 2008-Ohio-6940) (defines 'drug of abuse' for R.C. 4511.19(A)(1)(a) as per statute)
State v. Strebler, 2006-Ohio-5711 (9th Dist. No. 23003, 2006-Ohio-5711) (circumstantial evidence and lay testimony may support impairment finding in DUI)
State v. Zentner, 2003-Ohio-2352 (9th Dist. No 02CA0040, 2003-Ohio-2352) (permits lay witnesses to testify about intoxication)