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Dayton DUI: Breath Test Defenses in Ohio

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...

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

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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Ohio Drug Laws And College Students

If you attend college in Ohio you need to know Ohio Drug Laws and how they can get you in trouble. Selling or distributing illicit drugs: O.R.C. Section 2925.03 prohibits any person from selling or offering to sell any controlled substance, preparing or packaging any controlled substance for sale, or distributing any controlled substances.  Anyone who violates this statute is guilty of drug trafficking. Violation of this statute is a felony, the level of which depends on the specific criteria set forth in Section 2925.03(C), including type and weight of drug. The minimum penalty for a fifth degree felony can include 6...

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Defending Your DUI: The Gastric Bypass Defense

Gastric bypass surgery (also called bariatric surgery) is a procedure that drastically reduces the size of the stomach which has a dramatic effect when consuming alcohol.  Gastric bypass surgery results in alcohol moving much more quickly from the stomach into the small intestine.  80% of alcohol is absorbed in the small intestine, this surgery results in a much higher peak BAC than with the equivalent amount of alcohol consumed before the surgery.  Due to these anatomical and physiological changes, drinking after gastric bypass surgery is similar to drinking on an empty stomach, but creates an even higher peak BAC because there...

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Federal OVI Offenses: Where Will My Case Be Heard?

Federal OVI offenses are handled in the United States District Court for the Southern District of Ohio.  Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases (including Federal OVI offenses) a year in 48 of Ohio’s 88 counties.  The court has an eastern division, located in Columbus and two western divisions located in Dayton and Cincinnati.  If you are arrested for a Federal OVI offense in Champaign, Clark, Greene, Darke, Miami, Montgomery, Preble or Shelby counties you will appear in Dayton’s Federal Building, 200 W. Second St., Dayton, Ohio 45402.  You can...

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Drugged Driving: Roadside Saliva Tests

We have written about Ohio law enforcement's focus on drugged driving.  In particular, the Ohio State Highway Patrol has invested heavily in training officers in the Drug Recognition Expert protocol.  There are but a handful of police officers that after years of being on the road receive Drug Recognition Expert (DRE) training. Until recently, there were no approved portable roadside testers. This recently changed with Dräger offering into the market it’s newest device, the Dräger DrugTest ® 5000. It is a portable drug testing device that officers can use at roadside. It is based upon collecting oral fluid (mixed saliva)...

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Ohio’s Felony OVI Look-Back Rule

Ohio has established a twenty year felony OVI look-back period. A sixth or greater OVI (drunk driving) offense within a twenty year look-back period is a fourth degree felony OVI. R.C. 4511.19(G)(1)(d).  Another harsh provision under Ohio OVI  law is the “once a felony, always a felony” rule contained in R.C. 4511.19(G)(1)(e), meaning that any future DUI regardless of how many years have passed is charged as a third-degree felony.  This means that if you have many years of sobriety in between DUI convictions, you still face a felony rather than having your case treated as a first-in-six misdemeanor offense.Felony OVI...

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OVI & Your Brain: Who Cares About Impairment?

More Faulty OVI Breath Test Assumptions One of the faulty assumptions underlying OVI evidential breath testing is the assumption that the tests are measuring the ability of alcohol to impair your brain.  They do not.  The breath test for OVI does not care how, or even if, the alcohol is impairing your brain only that it is in your breath via your lungs via your blood.  The machines do not test venous blood but arterial blood utilizing the scientific principle of Henry’s Law.  As alcohol can be at different rates throughout your body, the machine is not measuring impairment.During peak absorption...

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Marked Lanes Violations & Traffic Stops

When can a police officer make a stop for a marked lanes violation? In State v. Houck, 2011-Ohio-6359, Ohio's Fifth Appellate District considered the legal standards required to stop a person for a marked lanes violation. See O.R.C. 4511.33 “In Ohio, when a driver commits only a de minimis marked-lanes violation, there must be some other evidence to suggest impairment before an officer is justified in stopping the vehicle. See State v. Gullett (1992), 78 Ohio App.3d 138, 145, 604 N.E.2d 176, 180–181. In Gullett, the Fourth District Court of Appeals concluded that the mere crossing of an edge line on two...

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Does Alcohol Consumption Kill Brain Cells?

It has become a common belief that alcohol consumption kills brain cells, but is that true?Much of the anti-alcohol rhetoric comes from the prohibition era.  The early temperance writers made the assertion that alcohol killed brain cells and also insisted that the alcohol in their blood could cause “drunkards” to catch fire and burn alive. Hanson, David J. Alcohol Education: What we Must Do. Westport, Connecticut: Praeger, 1996, p. 13.  While such over the top arguments have been dropped, they have left the impression that drinking alcohol hurts your brain.  Fortunately, nothing could be further from the truth.Scientific medical research...

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