27 March

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Intoxilyzer 8000: The More You Blow

The Intoxilyzer 8000 is Ohio's breath testing device in DUI cases. One of the major flaws of the machine is that its testing protocol can result in inflated tests. The more you blow, the higher it goes.Wondering Should you blow? Attorney explains in this video. The protocol for the Intoxilyzer 8000 in Ohio requires that you produce merely 1.1 liters of breath, less than the amount of air required to fill a two liter pop bottle. The average adult can exhale between three and four liters of air. If you are unlucky enough to be tested on this machine, the police...

20 March

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Ohio BMV License Suspension

Posted by Dayton DUI

in DUI Law, DUI Process

The most common reasons that a person will have a driver's license suspension by the Ohio Bureau of Motor Vehicles include:Accumulating 12 “points” for traffic violations Driving Without Insurance Operating a Vehicle Impaired (testing over .08 or refusing to test) Drug Offenses Out-of-State DUI/OVI or drug related offensesIf you would like an unofficial copy of your driving record or more information on your type of license suspension or reinstatement, you can visit the BMV web site by clicking HERE.You should not ignore a notice of suspension because it does not go away unless and until you pay the required reinstatement fees to the Ohio Bureau of Motor...

04 March

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Is This The End of Drunk Driving Arrests?

Posted by Dayton DUI

in DUI Process, Uncategorized

Will there still be drunk driving arrests in the future? This is the question raised by Money Watch and CBS in the article about autonomous cars, "Will Your Car Be Driving Itself By 2020?" According to the article, "[i]t all sounds like science fiction: cars that drive themselves, navigate streets and avoid crashes. But last week Nissan said it would have such "autonomous cars" to sell by 2020. And General Motors chimed in that it may have a similar model by then." The government is not as convinced. "The car--no matter how automated--is not yet ready to be more than a co-pilot,"...

06 February

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Forced Blood Draw In Ohio (What Happens After Missouri v. McNeeley?)

Posted by Dayton DUI

in DUI Process

What is the status of Ohio's forced blood draw law [R.C. 4511.191] following the decision in Missouri v. McNeeley, 2013 U.S. LEXIS 3160 (2013).In Missouri v, McNeely, the United States Supreme Court ruled that a nonconsensual warrantless blood draw violates a person’s right to be free from unreasonable searches and seizures under the 4th Amendment to the Constitution. The McNeely decision raises some questions for search warrants in OVI cases. Some of the questions include (1) Did this decision invalidate the implied consent laws? and (2) Are search warrants required for every DUI arrest before a forced blood draw can be taken from...

11 December

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Ohio DUI Defense: The Top 10 DUI Defenses

Posted by Dayton DUI

in DUI Process

Your Ohio DUI defense attorney should be familiar with these "TOP 10" defenses to an Ohio DUI.1. Hire The Best DUI Attorney: The most important decision that you can make in defending your case is hiring the right Ohio DUI defense attorney. Ohio DUI defense involves understanding Ohio's DUI law, the Ohio Administrative Code, the breath test device, standardized field sobriety testing (administration and interpretation) and all manners of science which may affect your case. Ohio DUI defense begins with an attorney who has the experience to fight your case, the scientific knowledge to attack in the right places, and the skill...

05 December

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Court’s Find A Way To Protect Intoxilyzer 8000

Posted by Dayton DUI

in DUI Law, DUI Process

Ohio Courts are slowly fixing the Intoxilyzer 8000 implementation issues and (surprise!) they are not resolving the issues in favor of the accused.In State v. McMahon, 2013-Ohio-2557, the implementation of the Intoxilyzer 8000 was challenged due to confusion in the Ohio Administrative Code sections dealing with "operators." It was alleged that the Ohio Department of Health failed to establish qualifications for issuing permits for Intoxilyzer 8000 operators as required by R.C. 4511.19 and 3701.143. The court ruled that R.C. 3701.143 authorizes the director of health to issue permits to breath-alcohol machine operators, and we found the ODH’s position that an...

25 November

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Case Law Update: OVI Urine Sample

Posted by Dayton DUI

in DUI Process

Under Ohio law, an OVI urine sample must be refrigerated while not in transit or under examination. In State v. Schneider, 2013-Ohio-4789, the First District Court of Appeals was asked to define what "in transit" means.At the suppression hearing, defense counsel argued that the state had failed to establish that the OVI urine sample had been refrigerated while it was not under examination or in transit as required by Ohio Adm.Code 3701-53-05(F). Defense counsel pointed to the evidence that the trooper had not refrigerated the specimen between its collection at 3:15 a.m., and its mailing at 10:00 p.m., a period of 18...

14 October

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DUI Science: Gas Chromatography

Posted by Dayton DUI

in DUI Process

Gas chromatography mass spectrometry (hereinafter GCMS) is the most reliable method for alcohol testing in blood and urine and has become the accepted gold standard in forensic toxicology. Gas chromatography specificity for ethanol (drinking alcohol) is very good and this method can also identify and quantify other organic or interfering substances such as methanol and isopropanol. The two commonly used techniques for analyzing the gases are “direct injection” and “headspace analysis.” The devise works by utilizing a flow-through tube known as the column. The different chemicals in the sample pass via a gas stream at different rates depending on their interaction with the column’s...

07 October

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Dayton DUI: Breath Test Defenses in Ohio

Posted by Dayton DUI

in DUI Process

This article will highlight DUI breath test defenses available to people in Ohio. As we have extensively written on the topic of DUI breath test defenses, this article will direct you to some of the most popular past articles. If you have been charged with a violation of Ohio Revised Code 4511.19 (DUI, OVI, Drunk Driving) please contact Charles M. Rowland II immediately at (937) 318-1384 or on our after-hours DUI hotline at (937) 776-2671.DUI Breath Tests & Faulty Assumptions: This article relies on information from the International Association of Forensic Toxicologists. Specifically the Proceedings of the 27th International Meeting held in...

02 October

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Will I Be Required To Use Restricted Plates (A.K.A Party Plates)?

Posted by Dayton DUI

in DUI Process

When will you be required to use restricted plates?If you thought that public shaming was a barbaric practice relegated to the distant past, you have not been driving through Ohio. Ohio was the first state in the country to adopt a form of public humiliation by adopting special license plates (called restricted plates) for drunk driving offenders. Use of the “scarlet letter” restricted plates became mandatory in 2004. O.R.C. 4507.02(F)(2) and 4503.231. These bright yellow restricted plates with prominent red lettering (often referred to as "party plates") are an indelible record of your offense and will not be easily forgotten...

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