06 August

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Ohio OVI Law: The Habitual Offender Registry

in Drugs & Alcohol, DUI Law, DUI Process

Ohio OVI law states that you can't be a chronic alcoholic and drive in Ohio. Ohio driver's license laws forbid the issuance of a driver's license to, or the retention of a license by, a person who is "alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety" (Ohio R.C. 4507.08(D)(1). Such persons will be placed on Ohio's Habitual Offender Registry.If you have an OVI conviction after September 30, 2008 and you have four or more prior OVI (or equivalent) convictions in...

16 May

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Ohio DUI Law: How To Fight A Urine Test

Posted by Dayton DUI

in Drugs & Alcohol, DUI Process

In order to successfully defend a urinalysis case, a DUI defense lawyer must be familiar with Ohio's DUI law (O.R.C. 4511.19) and the Ohio Administrative Code sections which apply to the collection, storing, transporting and testing of the urine specimen. Amphetamine, cocaine, heroine, Marijuana, Methamphetamine, Phencyclidine and L.S.D. are specifically mentioned in Ohio's DUI/OVI statute as illegal controlled substances. The law states how much of each substance must be detected in a chemical test of urine, whole blood, blood plasma, and/or blood serum in order to sustain a charge. While less reliable than a blood or breath test, the urine...

04 April

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Can the Police Take Your License If Arrested for a DUI?

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law

QUESTION: Do the police have the right to take someone's license at the time they are arrested for a DUI?AUDIO ANSWER by DUI Attorney Charles Rowland:...

29 March

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Ohio OVI Law: Impairment by Drugs

Posted by Dayton DUI

in Drugs & Alcohol

Ohio is making the transition to using the Drug Recognition Expert protocol in apprehending and prosecuting impaired drivers. DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles (California) Police Department. In 1979, the Drug Recognition program received the official recognition of the LAPD. On October 22, 2010, Ohio became the 48th state to be accepted into the International Association of Chiefs of Police's (IACP) Drug Evaluation and Classification Program (DECP).Once approved by the IACP's DECP Highway Safety Committee, Ohio was eligible to provide the DRE...

11 January

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20 Golden Rules from Ohio Lawyers Assistance Program

Posted by Dayton DUI

in Drugs & Alcohol

1. Behave yourself.2. Answer the phone.3. Return your phone calls.4. Pay your bills.5. Keep your hands off your clients’ money.6. Tell the truth.7. Admit ignorance.8. Be honorable.9. Defend the honor of your fellow attorneys.10. Be gracious and thoughtful.11. Value the time of your fellow attorneys.12. Give straight answers.13. Avoid the need to go to court.14. Think first.15. Remember: You are first a professional and then a businessman. If you seek riches, become a businessman and hire an attorney.16. Remember: There is no such thing as billing 3,000 hours a year.17. Tell your clients how to behave. If they can’t they...

07 December

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Driving and Drugs: Ohio’s Per Se Marijuana Law

Posted by Dayton DUI

in Drugs & Alcohol

Wondering if you can get charged with an OVI from Marijuana? While it is well established that alcohol consumption increases accident risk, evidence of marijuana's culpability in on-road driving accidents and injury is far less clear. Although acute cannabis intoxication following inhalation has been shown to mildly impair psychomotor skills, this impairment is seldom severe or long lasting. According to the US Department of Transportation, National Highway Traffic Safety Administration. State of Knowledge of Drugged Driving: FINAL REPORT. op. cit., "Experimental research on the effects of cannabis ...

07 December

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Ohio OVI: Standardized Field Sobriety Tests & Marijuana

Posted by Dayton DUI

in Drugs & Alcohol

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana. Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine. This raises questions about the proper determination of probable cause. If, for example, no alcohol was suspected how did the officer arrive deduce enough evidence to make an arrest? Were the standardized field sobriety tests administered to detect alcohol or...

03 October

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Ohio OVI Law: The Coming DRE Expert

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law

Ohio is making the transition to using the Drug Recognition Expert protocol in apprehending and prosecuting impaired drivers. DRE refers not only to the officers themselves, but to the 12-step procedure that these officers use. DRE was developed by police officers from the Los Angeles (California) Police Department. In 1979, the Drug Recognition program received the official recognition of the LAPD. On October 22, 2010, Ohio became the 48th state to be accepted into the International Association of Chiefs of Police's (IACP) Drug Evaluation and Classification Program (DECP). Once approved by the IACP's DECP Highway Safety Committee, Ohio was eligible to...

24 July

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DUI Science: Are Gastric Bypass Patients More Susceptible to a DUI?

Posted by Dayton DUI

in Drugs & Alcohol

According to the results of a new study in the February issue of the Journal of the American College of Surgeons, the dramatic changes that occur as a result of gastric bypass surgery can cause some people to overindulge when using alcohol thereby increasing their risk for a DUI. As cited at by Science Daily (linked HERE): Studies have shown that gastric bypass patients often find it difficult adjusting to physical and psychological changes after the procedure. An increased risk of depression, alcoholism, and other substance abuse issues for this patient population led researchers to take a more in-depth look at how...

01 June

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Ohio Troopers Provide 24/7 Patrols of Major Urban Areas

Posted by Dayton DUI

in Drugs & Alcohol, DUI Process, Ohio Criminal Law

Beginning June 3, the Ohio State Highway Patrol will staff 24/7 operations in Hamilton, Cuyahoga and Franklin counties. See full story. The State Highway Patrol is expanding its presence in Ohio's three largest metropolitan areas to crack down on dangerous driving with around-the-clock operations at posts near Cincinnati, Cleveland and Columbus for the first time in its nearly 80-year history. The patrol already has posts providing full-time coverage for other urban areas like Akron, Dayton, Toledo and Youngstown. Agency officials expect the changes to reduce crash fatalities and increase the results from what's known as criminal patrol, which includes drug...

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