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DUI Process

The Finger Dexterity Test

The Finger Dexterity Test, "Damn, Your Drunk Tests Are Hard." In the movie, The Man With Two Brains, Steve Martin's character is subject to ridiculous roadside sobriety tests. Some of the tests to which Ohio drivers are subjected are also suspect.  One such test is the Finger Dexterity test. The Finger Dexterity test is not a Standard Field Sobriety Test. It has not been recognized by the National Highway Traffic Safety Administration. It is arbitrary and of little value. However, this test is a favorite amongst Ohio law enforcement officers.  Try the test yourself. I have administered this test on countless individuals...

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What is the Legal Limit in Ohio?

What Is The Legal Limit In Ohio? Driving with a prohibited concentration of alcohol in your blood breath or urine is a separate offense under Ohio law. If you have ever heard anyone refer to "blowing above a .08" they are referring to the most common test administered by law enforcement today, the breath test. Revised Code section 4511.19 sets forth the elements of Ohio’s tough OVI law. In Ohio, the legal limit for persons 21 and over is any of the following: .08 or more by weight of alcohol in blood; .08 of one gram or more by weight of...

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DUI Process Overview: What Does Your Attorney Do Prior To Trial

DUI Process Overview - What Does Your Attorney Do? To understand your case, we offer this DUI process overview. It will help you understand what your attorney does. It also lets you participate in your case. You are in charge. An attorney will spend a great deal of time listening to your version of events. He will scrupulously track down potential witnesses and talk to every person who was with you on the night you were arrested. If possible, the attorney will get a copy of your bar bill to show exactly what you had to drink. Your attorney will also explain...

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You Have Rights! Use Them!

You Have Rights! You have rights - use them! A typical DUI/OVI stop starts with a probable cause traffic stop.  Depending on the time of day, the location or the way you are driving, the officer may begin the encounter believing that you are possibly "19" (police shorthand for a possible R.C. 4511.19 (DUI) violation). Probable cause for the stop can be anything from severe weaving or crashing all the way down to something as de minimus as a license plate light out.  The officer's true purpose in pulling you over cannot be questioned if there is even a minor violation...

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Non-Compliance Suspension?

 NON-COMPLIANCE SUSPENSION What is a non-compliance suspension? Any driver and/or owner who failing to show proof that they had automobile insurance in effect at the time of an accident/offense/random selection will lose his/her driving and registration privileges for a maximum of two years.  This suspension will stand until the following requirements are met: Carry a certificate of insurance (SR-22/bond) for three years Pay a reinstatement fee If you get a second non-compliance offense, the penalty is increased. The penalty for a second non-compliance offense in a five-year period is a one-year suspension. The suspension stands until the following requirements are met: Serve one-year...

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Retrograde Extrapolation: The Rising Alcohol Defense

Retrograde Extrapolation: The Rising Alcohol Defense Retrograde extrapolation is the scientific and mathematical process used by chemists and toxicologists to estimate what a person’s blood alcohol content was at a specific time based on test results obtained at a later period of time. For the DUI case, it is used to determine whether or not a driver had a BAC of 0.08 or higher at the actual time of driving based on what the BAC was at the time of testing. Typically, we encounter retrograde extrapolation in cases where the collection of blood evidence is collected hours after the act of driving...

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Dayton DUI Lawyer – Alcohol & The Human Body

I am a Dayton DUI lawyer. If you face a drunk driving charge, please give me a call. Alcohol & The Human Body The pharmacodynamic properties of alcohol classify it as a central nervous system depressant. The more you consumed the greater its effects. It impairs both cognition (the process of knowing, thinking, learning and judging) and psychomotor skills (voluntary movement).  If you think of the evolution of the brain, the affects of alcohol are felt by the most recently developed parts of the brain. These parts of the brain are responsible for judgment, inhibition, personality, intellectual and emotional states. If you continue...

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Teen Drivers Beware – Ohio’s Rules For Obtaining A License

Obtaining a license has changed for teen drivers in Ohio. Teen drivers face a three-step process to obtaining a license. The first step begins when you turn 15 1/2. At this time you may apply for a temporary permit. Then take the drivers license knowledge exam and the eye test.  If you pass, you will receive a confirmation number to present to your local BMV. You are required to bring a copy of your birth certificate and must be accompanied by a parent or guardian. When you are  driving with a temporary permit, you must be accompanied by a parent, guardian or licensed driving...

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Alcohol Elimination – Sugar Is Better Than Coffee

Sober Up With A Donut - Alcohol Elimination Facts Alcohol elimination is known to be accelerated by sugar (fructose).  [Keegan A, Batey R Dietary Carbohydrate Accelerates Alcohol Elimination, But Not not Alter Hepatic Alcohol Dehydrogenase, Alcohol, Clin Exp Res, 1993, 17(2):431-433.] In addition, subjects who received 1 g/kg of fructose 1 hour after alcohol did not experience a change in peak alcohol concentration.  Instead, they experienced an increased elimination by 20-30%.  [Crownover BP, La Dine J, Bradford B, Glassman E, Forman D, Schneider H, Thurman RG, Activation of Ethanol Metabolism in Humans by Fructose: Importance of Experimental Design, J Pharmachol Exp...

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Marked Lane Violation – What Is The Law?

Marked Lane Violation: The Cases of Muller, Thomas, Parker, and Shaffer Quick Answer: When a vehicle crosses a marked lane for reasons other than safety, you are able to pull someone over for a marked lane violation. Each of these cases deals with a traffic stop under Ohio Revised Code (ORC) 4511.33(A)(1) for a marked lane violation that led to arrest on other criminal violations. In general, the law requires drivers to stay, as much as possible, within a single lane and to not move from their lane without first making sure it’s safe to do so. Marked Lane Violation Case Law State of Ohio...

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