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DUI Articles

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Mandatory DUI Penalties – They Are Harsh!

Mandatory DUI Penalties We are often confronted with disbelief when we inform a recently charged person of the mandatory DUI penalties.  They are harsh! Often, a judge will not have discretion about what penalties to impose. Pleading guilty can cost you in ways you do not contemplate. It is important to speak to a good DUI lawyer.Below are the mandatory DUI penalties for a first, second and third drunk driving charge.  If you have a prior offense within 20 years and refuse an alcohol test, you get sentenced as though you had a "high-tier" result.What can you conclude? Drunk driving is a...

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DUI Checkpoints – Why They Exist

  DUI Checkpoints & The Supreme CourtDUI checkpoints, have been upheld by the United States Supreme Court. In the 1990 case of Michigan v. Sitz, 496 U.S. 444 (1990), the court reviewed a checkpoint scheme to detect drunk drivers. Michigan demonstrated that its checkpoint program was minimally intrusive. In addition, they relied heavily upon the fact that Michigan established and operated the DUI checkpoints pursuant to specific procedural safeguards. The Court relied heavily upon a decision of the California Supreme Court, Ingersoll v. Palmer, 742 P.2d 1299 (1987).  Like Sitz, the Ingersoll case placed strict procedural guidelines on the government.Sign up...

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Lawyer Up! Use Your Right To Remain Silent

I Have A Right To Remain Silent! We frequently encounter jurisdictions that conduct “interviews” with a suspect following an arrest.  These interviews are carefully crafted checklists that gather incriminating statements related to the elements of the crime and further attempt to limit mitigating factors which your attorney may later wish to assert.  You have the right to remain silent – use it!The questions typically seek to establish that the suspect was “operating” the vehicle.  Officers will also ask what the person had to eat and drink, when, where and how much.  Medical issues, mental issues, eye health, and other questions seek...

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All I Do Is DUI Defense

"All I do is DUI defense."When I became a Dayton lawyer in 1995, I did all sorts of law. For a while, I practiced complex civil litigation and consumer law. Frequently, I would appear in divorce court in the morning, civil court in the afternoon. Often I would represent all manner of defendants in criminal court.The thing that changed me from a Dayton lawyer to a DUI lawyer was my time as a part-time prosecutor. I was lucky enough to be offered the job as fill-in prosecuting attorney in the Xenia Municipal Court. That experience taught me that one of...

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First Offense DUI in Fairborn/Beavercreek – What To Expect

A first offense DUI in Beavercreek OVI/Fairborn OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  The first offense DUI can be charged in three ways.  Firstly, the charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.  A second way to be charged is for violating the high-tier provision of Ohio’s DUI law.  In addition, Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-DUI.The per se high-tier limits for a first offense DUI are set forth...

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Drug Lawyer – Ohio Marijuana Law and OVI [Video]

https://youtu.be/SgNQzYEvAcM  DRUG LAWYER - Ohio has adopted one of the toughest and least popular marijuana impairment laws in the country. This post will provide an overview of how other states have dealt with the issue. Zero Tolerance vs. Per Se Every state has laws dealing with alcohol-impaired driving and drug-impaired driving. But unlike the laws for alcohol-impaired driving, those that address drug-impaired driving are nuanced, difficult to enforce and prosecute and vary substantially by state. In addition to general impairment laws, there are two basic laws that states tend to use when addressing drug-impaired driving:Zero Tolerance laws make it illegal to drive with...

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Standardized Field Sobriety Tests: “Your Drunk Tests Are Hard”

Standardized Field Sobriety Tests One of the areas where a DUI attorney's experience is most obvious is in the cross-examination of the arresting officer on the issue of the standardized field sobriety tests.  The National Highway Traffic and Safety Administration (NHTSA) determines which tests, if any, is correlated with impairment by alcohol. Due to extensive testing, NHTSA determined that three tests were specific for alcohol intoxication: the HGN (horizontal gaze nystagmus), the walk & turn test and the one leg stand test. This three-test battery are now referred to as the "standardized field sobriety tests." Why Is This Important? Because the officer is using...

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Centerville DUI Lawyer Charles M. Rowland II

Do you need a Centerville DUI lawyer? I regularly appear in the Kettering Municipal Court representing the accused Centerville DUI driver.  Access to the court concerns cases arising anywhere in the Cities of Centerville, Kettering or Washington Township. I am a Centerville DUI lawyer representing the accused drunk driver since 1995. My goal is earning  more certifications and credentials than any practicing DUI lawyer. Because of my efforts, I have been named one of the top DUI lawyers in the country by both TIME and CAR & DRIVER magazine.  Therefore, give me a call. Centerville DUI lawyer Charles M. Rowland II dedicates his practice...

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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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Drugged Driving Defense Requires Experience

Drugged Driving - Driving under the influence of drugs is the next generation of OVI enforcement in Ohio. In 2014, 10 million people aged 12 or older reported driving under the influence of illicit drugs in the past year. It's hard to measure how many crashes drugged driving causes. After alcohol, marijuana is the drug most often linked to drugged driving. It has become a priority of the Ohio State Highway Patrol.  Here are some studies suggesting why they are focusing on this issue.According to the 2012 National Survey on Drug Use and Health (NSDUH), an estimated 10.3 million people aged...

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