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DUI Process

Dayton DUI Attorney Charles Rowland > DUI Law  > DUI Process (Page 24)

O.A.C. 3701-53-02, Approved Evidential Breath Testing Instruments

Image by frippy via FlickrOhio Administrative Code 3701-53-02(A) sets forth the approved instruments for evidential breath testing in Ohio.  It states, (A) The instruments listed in this paragraph are approved as evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by sections 4511.19 and/or 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath-alcohol concentration. The approved evidential breath testing instruments are:BAC DataMaster, BAC DataMaster K, BAC DataMaster cdm; Intoxilyzer model 5000 series 66, 68 and 68 EN; and Intoxilyzer model 8000 (OH-5).O.A.C....

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Breath Testing: A Synopsis of the Intoxilyzer 8000

The Intoxilyzer 8000 breath test machine uses the method of INFRARED ABSORPTION to analyze a breath sample.  Unlike the BAC DataMaster, the Intoxilyzer 8000 uses a pulsed Infrared light source.  The wavelength frequency is 3.4 and 9.4 microns for ethanol and other interfering substances.  The decrease in intensity of the infrared light due to absorption by alcohol in the breath sample is proportional to the amount of alcohol in the breath.  The sample chamber holds 29.4 cc's of deep lung air for the Intoxilyzer 8000's analysis.  The information most recently shared by the Ohio Department of Health indicates that the...

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Ohio’s Implied Consent Law

When you drive on Ohio's roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B).  Ohio Revised Code 4511.191(A)(2) is Ohio's Implied Consent Law.  It states, in pertinent part, "Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have...

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DUI and Traffic Enforcement Initiative Announced

The Ohio State Highway Patrol announced an initiative that will last through the end of the year.  Troopers will "focus their attention on impaired and aggressive driving, as well as other high risk behaviors, such as driver inattention.  Troopers will also be committed to firm enforcement of safety belt and child restraint violations."    Citing an increase in traffic fatalities throughout the year, Patrol superintendent Colonel David W. Picken stated, "My troopers are going to be out there every day - doing everything they can - to try to reverse this upward trend."  Ohio has experienced an increase of 49 fatalities...

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Good Job Ohio! Safe Thanksgiving Driving Reported

Image via WikipediaCongratulations Ohio! The Ohio Dept. of Public Safety announced numbers showing accidents down, fewer fatalities and only three alcohol-related fatalities throughout the state (down from 10 last year).   Our hope here at Dayton DUI is that drivers are motivated to make good decisions about alcohol use and that a designated driver is used when necessary. Thanks to everyone who used their head to keep everyone else safe.  Here is the official release from the Ohio Department of Public Safety. COLUMBUS – Provisional numbers released today by the Ohio Department of Public Safety show fewer motorists were killed on...

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Dayton DUI/OVI Defense for the Juvenile Defendant

Under 21 DUIs (Operating a Vehicle After Underage Consumption) Ohio has declared "WAR" on underage drinking by passing a series of laws designed to present a "zero tolerance" policy toward under 21 DUI/OVI.  If you are under 21 and test over .02% blood alcohol concentration (BAC) you can face penalties including up to 5 years without a driver's license, as well as up to 30 days in jail and a $250 fine.  An underage DUI (called OVUAC, or, "operating after underage consumption") can have consequences on academic/athletic scholarships, college admission, sports eligibility,job opportunities and may present other harsh unintended consequences.  Given...

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Vehicle Seizure in Ohio

Vehicle seizures in Ohio are governed by two separate statutory schemes.  The procedure for OVI vehicle seizures is governed by R.C. 4511.195 and the statutory outline for Driving Under Suspension (DUS) and Wrongful Entrustment Cases is controlled by R.C. 4510.  Your vehicle will be seized if you are charged with any of the following offenses:A second or greater OVI within six (6) years and/or any felony OVI offense; Driving Under Suspension, R.C. 4510.11(C)(2); Driving Under and OVI Suspension, R.C. 4510.14(B)(3)(d); Driving Under an FRA (Financial Responsibility Act) Suspension, R.C. 4510.16(B)(3); Wrongful Entrustment, R.C. 4511.203(C)(3); or Violation of an Immobilization Order, R.C. 4503.236(B).At or before your...

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Ohio Holiday Enforcement Initiative

Patrol announces two-week Holiday enforcement initiative The Ohio State Highway Patrol announced statewide plans for a two-week enforcement initiative which will begin Veteran's Day and run through Thanksgiving weekend in an effort to reduce fatal and injury crashes on area roads, while also arresting impaired drivers, apprehending wanted felons and interdicting drugs and weapons.  This initiative is the first in a series of initiatives that are planned throughout the rest of the year.Troopers will work closely with local law enforcement agencies in tactical squads to strictly enforce known crash-causing violations such as failure to yield, improper passing/lane changes, unsafe speed, and...

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Marijuana, a primer from NHTSA

Image via Wikipedia Mark Babb provides complete representation to the defendant accused of drug trafficking, drug possession or any drug-related charge. Contact Mark Babb for a free consultation at 937-879-9542. Cannabis / Marijuana ( Δ 9 -Tetrahydrocannabinol, THC)Marijuana is a green or gray mixture of dried shredded flowers and leaves of the hemp plant Cannabis sativa. Hashish consists of resinous secretions of the cannabis plant. Dronabinol (synthetic THC) is a light yellow resinous oil.Learn about Ohio's laws on Marijuana and driving under the influence in our video. Synonyms: Cannabis, marijuana, pot, reefer, buds, grass, weed, dope, ganja, herb, boom, gangster, Mary Jane, sinsemilla, shit,...

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Aggravated Vehicular Homicide, a definition

If you've been arrested on charges of aggravated vehicular homicide, it's essential to talk to an attorney about your case before talking to investigators. To schedule a confidential consultation to discuss your case contact Charles Rowland at 937-318-1DUI (318-1384).  Charles Rowland, "All I Do is DUI defense."[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant's operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular...

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