07 February

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Military DUI: What Happens Now?

The consequences of an OVI while serving active duty in the military can be devastating: dishonorable discharge, rank reduction, pay deduction, loss of security clearance, fines and jail time and mandatory military counseling sessions and potential exclusion from some sensitive operations. Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law. We are seeing more cases where the leadership is “cracking down” on drunk driving offenses and promising to end the career of personnel who are found guilty of an OVI offense. This limits the ability of commanding...

31 January

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Zero Tolerance for Driving Under the Influence of Drugs? (from NORML)

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

The National Highway Traffic Safety Administration posted a press release entitled “Drug Use Among Fatally Injured Drivers Increased Over the Last Five Years“. The release summarizes the full report that examines the the drug test results of drivers who had been killed in automobile crashes. While the report itself is objective and offers many caveats about reading it as an indictment of drug-using drivers as serious safety risk, the mainstream media hasn’t been as “fair and balanced” and the Drug Czar has jumped on the release to forward his agenda.The headline from the Associated Press reads: “Gov’t: Drugs were in...

27 January

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“POINTS” on your Ohio License

Posted by Dayton DUI

in DUI Law, DUI Process

One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver's license. "Points" under Ohio law are set forth at O.R.C. 4510.036(C). The statute lists the following as 6-point violations:6 Point Violations -Aggravated Vehicular Homicide -Vehicular Homicide -Vehicular Manslaughter -Aggravated Vehicular Assault -Willful Fleeing and Eluding, -Failure to Stop and Disclose Identity at Accident -Street Racing -Driving Under Suspension -OVI (drunk driving) -Unauthorized Use of a Motor Vehicle -Any felony motor vehicle violation or any felony committed with motor vehicleFour Point Violations -Operation of a Vehicle After Underage Consumption -Operation in Willful or Wanton Disregard of Safety (a reckless operation offense) -Exceeding the Speed Limit by...

24 January

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DUI Law: Challenging a Forfeiture

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

Image by lovelypetal via FlickrFORFEITURE, WHAT IS THE LAW? If you are convicted of any of the following the State of Ohio can, pursuant to O.R.C. 4503.234, order a forfeiture of your vehicle:a third OVI w/in 6 years (O.R.C. 4511.19(G)(1)(c)(v)); any felony OVI (O.R.C. 4511.19(G)(1)(d)(v) and 4522.29(G)(1)(e)(v)); a third offense of driving under suspension (O.R.C. 4510.11(C)(4)); a third offense of driving under an OVI suspension (O.R.C. 4510.14(B)(3)(d)); a third of subsequent offense w/in 5 years of driving under an FRA suspension (O.R.C. 4510.16(B)(2)); a third or subsequent wrongful entrustment (O.R.C. 4511.203(C)(3)); operating or permitting the operation of a vehicle in violation of an immobilization order (O.R.C....

08 January

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Dayton DUI Law: Explaining Error Messages and Their Importance

Posted by Dayton DUI

in DUI Process

Ohio utilizes the BAC DataMaster breath test machine to measure the blood alcohol content of a suspect arrested for driving under the influence. The BAC DataMaster is a product of National Patent Analytical Systems, Inc. (NPAS) located in Mansfield, Ohio. National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio for DUI arrests. The BAC DataMaster breath test device requires regular maintenance, and a proper environment for testing administration. The BAC DataMaster is part computer, and uses an LED display. If...

04 January

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Driving Drowsy is Illegal in Ohio

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

Image via WikipediaOhio Revised Code 4511.79 makes is a minor misdemeanor for a someone to drive "a commercial motor vehicle" "while the person's ability or alertness is so impaired by fatigue, illness, or other causes that it is unsafe for the person to drive such vehicle." The law also provides that, "[n]o driver shall use any drug which would adversely affect the driver's ability or alertness."Furthermore, O.R.C. 4511.79(B) prohibits an owner from "knowingly" permitting a driver in any such condition to drive. Repeated violations result in enhancement of the charge from a minor misdemeanor to a fourth degree misdemeanor.The National...

31 December

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Blood & Urine Testing in Ohio; O.A.C. 3701-53-03

Posted by Dayton DUI

in DUI Process

Image via WikipediaOhio Administrative Code 3701-53-03 regulates the testing of blood, urine and other bodily substances for purposes of evidential testing. Section (A) is specific to alcohol and approves gas chromatography and enzyme assays as approved testing techniques. "The technique or method must have documented sensitivity, specificity, accuracy, precision and linearity. The technique or method can be based on procedures which have been published in a peer reviewed or juried scientific journal or thoroughly documented by the laboratory.O.A.C. 3701-53-03(B) sets forth the approved methods for testing blood, urine and bodily...

23 December

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Arrested for OVI in Ohio? How You Act is Important

Posted by Dayton DUI

in DUI Law, DUI Process

Your behavior with law enforcement can be vital to the officer's decision making. Investigating officers are given a great deal of discretion in handling any situation. They may simply be seeking information to put in their report or they may be deciding whether or not to issue a citation. At the initial stage you must know your rights in order to protect yourself and, if necessary, aid your attorney in presenting your case to a jury. At this point it is vital to remember anything you say or do will be used against...

22 December

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DUI Crime Lab Requirements, O.A.C. 3701-53-06

Posted by Dayton DUI

in DUI Law, DUI Process

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]O.A.C. 3701-53-06 sets forth the lab requirements for proper testing in DUI cases Ohio Administrative Code 3701-53-06 (formerly O.A.C. 3701-53-05) contains the requirements for laboratories who administer alcohol and drugs tests. Section (A) sets forth the rules that labs must keep chain of custody records and test results for three (3) years. All positive blood, urine and other bodily substances shall be retained for a period of not less than one year. Section (B) requires lab proficiency. Section (C) requires that,"[t]extbooks and package inserts or operator manuals from the manufacturer...

16 December

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Blood & Urine Specimens O.A.C. 3701-53-05

Posted by Dayton DUI

in DUI Law, DUI Process

Image via WikipediaOhio Administrative Code section 3701-53-05 applies to the collection of blood and urine specimens. Section (A) requires all samples to be "collected in accordance with section 4511.19 (DUI statute), or section 1547.11 (Boating Under the Influence) of the Revised Code, as applicable."Section (B) states, "[w]hen collecting a blood sample, an aqueous solution of non-volatile antiseptic shall be used on the skin. No alcohols shall be used as a skin antiseptic." A good place to start your DUI investigation is the first blood draw. We have garnered the help of a legal-nurse-practitioner to find instances where wounds could have...

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