Can You Be Arrested After Calling 911 for an Overdose? Ohio Law Explained

Yes—but in many cases, you shouldn’t be. Ohio’s “Good Samaritan” overdose immunity law is designed to protect people who do the right thing in a crisis. If you or someone you’re with is overdosing, calling for medical help should not result in criminal charges for minor drug possession. At Patrick M. Farrell Co. L.P.A., our Cleveland criminal defense attorneys help clients across Cleveland, Cuyahoga County, and Northeast Ohio understand their rights under this powerful law that can mean the difference between saving a life and facing unnecessary prosecution.

What Is Ohio’s Overdose Immunity Law?

Under Ohio Revised Code § 2925.11(B)(2)(b), individuals who seek medical assistance during a drug overdose may qualify for immunity from arrest, prosecution, and penalties for certain low-level drug offenses—even if they were using drugs themselves.

This “Good Samaritan” protection applies if:

• You call 911 or transport the person to a health care facility
• You contact an on-duty peace officer
• You act in good faith to get medical help
• The offense is a misdemeanor or fifth-degree felony drug possession

This immunity also applies to the person suffering the overdose, even if they call for themselves.

Important: To retain immunity, the person must complete a drug screening and receive a treatment referral within 30 days of the incident.

What Drug Charges Does This Law Cover?

Ohio’s overdose immunity law applies only to minor drug possession charges.

Eligible offenses include:

• Possession of controlled substances
• Possession of drug paraphernalia or abuse instruments
• Possession of certain prescription medications without a valid script

It does NOT protect against:

• Drug trafficking or manufacturing
• Weapons or stolen property charges
• Probation or parole violations unrelated to minor drug use
• Outstanding warrants or other unrelated criminal acts

What Happens After a Criminal Arrest in Cleveland?

If you’ve been charged with drug possession in Cleveland or Cuyahoga County after seeking help during an overdose, the next steps are critical:

1. Do not plead guilty before speaking to a defense lawyer
2. Contact our office immediately to determine if immunity applies
3. Gather evidence: call logs, hospital records, treatment documentation
4. Stay compliant with the 30-day treatment requirement
5. Attend all court hearings, including Cleveland Municipal Court or Cuyahoga County Common Pleas Court

Can I Go to Jail for a First-Time Drug Charge in Cuyahoga County?

If you qualify for immunity, jail time can often be avoided entirely. Even if immunity doesn’t apply, first-time offenders may be eligible for:

• Diversion programs
• Treatment in lieu of conviction
• Community control (probation)

Our Cleveland drug crimes defense lawyers can negotiate reduced charges, secure diversion, or fight for a full dismissal—especially if you acted to save someone’s life.

Why Arrests Still Happen—Even When the Law Says You’re Protected

Ohio’s Good Samaritan law was created to save lives—not ruin them. But in the confusion of an overdose scene, law enforcement doesn’t always apply the law as intended. Officers may:

• Misread your involvement in the incident
• Overlook or ignore your good-faith efforts to get help
• Default to arresting everyone present and “let the courts sort it out”

Unfortunately, even when you do the right thing, you can still find yourself in handcuffs. That’s why it’s critical to work with a defense attorney who understands how to enforce Ohio’s overdose immunity protections—and hold prosecutors to the letter of the law.

What to Do Next: Protecting Yourself After an Overdose Arrest

If you or someone you care about has been charged after calling 911 or seeking medical help during an overdose, don’t wait and hope the law works in your favor. You must take proactive steps to secure your rights:

• Document the incident: Save call logs, texts, and any medical paperwork
• Complete a drug screening and treatment referral within 30 days (required for immunity)
• Avoid discussing the case with police or prosecutors without an attorney present
• Call an experienced Cleveland criminal defense lawyer familiar with Ohio’s Good Samaritan law

Arrested After Calling 911? Let Us Defend Your Rights Under Ohio’s Good Samaritan Law

Good intentions can still lead to bad arrests—but they don’t have to lead to a conviction. Even when the law is on your side, you need a lawyer who knows how to prove it. Immunity under Ohio’s Good Samaritan law isn’t automatic—it takes the right evidence, a focused strategy, and courtroom experience to make it count. Call or text Patrick M. Farrell Co. L.P.A. at (216) 661-5050 now for a free, confidential consultation with an experienced Cleveland criminal defense lawyer. You can also fill out our secure online form—your information stays confidential, and an attorney from our trusted legal team will follow up shortly.

‍