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DUI Law

The Erosion of the Fourth Amendment

The Fourth Amendment to the Constitution was a response to the British government's abuse of writs of assistance.  These writs served as a general type of search power allowing British soldiers to go onto any property without cause.  Any place could be searched at the whim of the holder, and searchers were not responsible for any damage they caused, thereby putting anyone who held such a writ above the law.  The Fourth Amendment engrained a unique principle of free people that a person's home and property were beyond the scope of government officials unless a judicially approved warrant was issued....

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Proposed Ohio Alcohol Law Would Loosen Open Container Law

A proposed change in Ohio Alcohol Law would allow folks to walk around with an open container.Senate Bill 116 allows for the creation of municipal entertainment districts in cities where the population is more than 50,000.  Under the law, patrons of establishments that sell beer or liquor would be permitted to take their drinks outside of the bar or restaurant where it was purchased. Only holders of A-2 and D liquor permits would qualify under the proposed law.  The "entertainment districts" would be limited to a one-half mile by one-half mile radius, and contain at least four A-2 and D...

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Ohio DUI Law Enhances Habitual Offender Registry

Under Ohio DUI law, anyone with five or more convictions for OVI during the past 20 years is placed on the Ohio Habitual Offender Registry.  Of course, it would not be Ohio DUI law if there were not some quirks.  For example, out-of-state convictions do not count, nor do convictions more than 20 years old.  You must also have at least one conviction since September 30, 2008, the date when the law took effect.  Juveniles are included and dead people are not.  If you are involved in one incident which results in multiple charges, the conviction only counts once for...

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Drugged Driving Defense: The ARIDE Program

Drugged Driving defense attorneys are going to have to learn about the ARIDE program.  The National Highway Traffic Safety Administration’s ARIDE course is described as a bridge between the Standardized Field Sobriety Test (SFST) and Drug Recognition Expert (DRE) courses.  ARIDE, which stands for Advanced Roadside Impaired Driving Enforcement, is a 16-hour course that claims to teach officers how to look for signs of drug impairment (drugged driving) during traffic stops.  The SFST program trains officers to identify and assess drivers suspected of being under the influence of alcohol, while the DEC/DRE program provides more advanced training to evaluate suspected...

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Ohio DUI Defense: The Top 10 DUI Defenses

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...

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Court’s Find A Way To Protect Intoxilyzer 8000

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...

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Physical Control of a Vehicle While Intoxicated (O.R.C. 4511.194)

Physical Control of a Vehicle While Intoxicated (O.R.C. 4511.194) is the offense of being intoxicated while in physical control of a car, but not having caused the vehicle to move.  If you are under the influence and the prosecutor can prove that you “operated” your car and were not simply in “physical control” of your car, you may face a charge of OVI/DUI (drunk driving).  Thus the legal analysis will turn on whether on the prosecutor can prove you "operated" your car.  “Operation” includes causing or having caused a vehicle (such as a car, truck, RV, bicycle or motorcycle) to move....

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Case Law Update: OVI Urine Sample

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...

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Prescription Drug Addiction in Ohio; Where to Get Help

There is a public health epidemic in Ohio due to the use of opiate-based prescription painkillers.  Over the last decade the abuse of prescription drugs, a medical and legal crackdown have led to an increase in the use of heroin.  According to the Ohio Department of Drug & Alcohol Service, there are 67 pills for every man, woman and child in Ohio with the vast majority of Ohio homes having some form of a drug that may be abused.  Drug overdoses are at an all time high, averaging four deaths a day.  45 percent of the overdose deaths are attributable...

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DUI Science: Gas Chromatography

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...

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