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DUI Law

DUI Science: Pharmacokinetics and Pharmacodynamics

Pharmacokinetics and Pharmacodynamics Defending a DUI (now called OVI in Ohio) requires an attorney to understand how the body reacts to the impairing substance (pharmacokinetics) and how the brain is affected by the substance (pharmacodynamics).  Pharmacokinetics explains the absorption, distribution and elimination of the drug.  Pharmacodynamics includes the action of the drug on the brain, pharmacologic effects and toxicity. [Holford, N., Chapter 3: Pharmacokinetics and Pharmacodynamics: Rational Dosing and the Time Course of Drug Action, in B. Katzung, Editor, McGraw Hill, Eighth Edition, 2001, p. 36].  Pharmacokinetics and pharmacodynamics are explained in this short introductory video.Charles M. Rowland II has attended...

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Intoxilyzer 8000 Is Unreliable Judge Finds

A judge recently ruled the Intoxilyzer 8000 (Ohio's newest breath testing machine) unreliable.  In State of Ohio v Chelsea Lancaster, Judge Teresa Liston who heard several cases, combined for purposes of challenging the device, at the request of Marietta Municipal Court Judge Janet Dyar Welch was assigned to hear just these Intoxilyzer 8000 cases.  Judge Liston is a retired judge who serves on the faculty of the National and Ohio Judicial Colleges and Capital University Law School.  She is well known and highly respected by her colleagues throughout the state. See HERE.The cases addressed the court's gatekeeper function as it relates to the...

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Marked Lane Violation Overturned By Third District Court of Appeals

State v. Shaffer, 2013-Ohio-3581 Overturns Marked Lane ViolationIn a decision that will impact many OVI cases, the Third District Court of Appeals ruled that a trooper did not have a “reasonable, articulable” suspicion to stop a Paulding County woman for a marked lanes violation. O.R.C. 4511.33.   Accordingly, her convictions for reckless operation and failure to drive within the marked lanes were reversed.In the court’s unanimous decision, authored by Judge Stephen R. Shaw, the court agreed with Shaffer’s claims “that Trooper Sisco’s testimony that a vehicle’s tires touched the white fog line on a single occasion, causing the right fender of the...

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Ohio DUI Laws: An Overview

This post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases.   Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle.  If you need to find out more about a specific law, or how the statute has been interpreted or applied, call Charles M. Rowland II at (937) 318-1384 or read about the specific Ohio DUI law at the Ohio DUI Law Blog.Operating a Vehicle Impaired (OVI); O.R.C. 4511.19 This is Ohio's drunk driving statute (Ohio's DUI law).  It is a...

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Ohio OVI Law: The Habitual Offender Registry

Ohio OVI law states that you  can't be a chronic alcoholic and drive in Ohio.  Ohio driver's license laws forbid the issuance of a driver's license to, or the retention of a license by, a person who is "alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety" (Ohio R.C. 4507.08(D)(1).  Such persons will be placed on Ohio's Habitual Offender Registry.If you have an OVI conviction after September 30, 2008 and you have four or more prior OVI (or equivalent) convictions in...

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Ohio DUI Law And The Portable Breath Test

In State v. Shuler , 168 Ohio App.3d 183, 2006-Ohio-4336, the Ohio Supreme Court took up the issue of whether a portable breath test device (hereinafter 'PBT') can be used as evidence in a drunk driving prosecution.  The court found that, PBT devices are not among those instruments listed in Ohio Adm.Code 3701-53-02 as approved evidential breath-testing instruments for determining the concentration of alcohol in the breath of individuals potentially in violation of R.C. 4511.19. PBT results are considered inherently unreliable because they “may register an inaccurate percentage of alcohol present in the breath, and may also be inaccurate as to...

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OVI Breath Tests: Faulty Assumptions

Why do Ohio OVI attorneys question OVI breath tests? Each of our lungs contain about 300 million small air sacs called “alveoli” that are responsible for the air exchange that keeps us alive.  In the alveoli, oxygen from the inhaled air is exchanged for carbon dioxide.  Air finds its way to the alveoli via the trachea which divides into the two main stems (bronchi) of the lungs.  From there, the air passes through sub-bronchi that may subdivide over 23 times.  As the air is passing through the lungs it passes over a rich layer of mucus which warms and humidifies...

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OVI Checkpoints: The Reason To Get Rid Of Checkpoints & Cameras

The Reason to Get Rid of OVI Checkpoints & Cameras?  Glad You Asked. In his book Why People Obey The Law, legal scholar Tom Tyler argues that compliance with the law has less to do with deterrence (fear of penalty) than with the rational decision that complying with the law is in a person's self-interest.  More important to their compliance is the decision that following the law is the right thing to do.  Having the biggest impact on their perception of the law is the belief in the legitimacy of the authority.  "People who go to traffic court are less concerned...

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DUI & The International Driver’s License

In Ohio, there is no such thing as an international driver’s license for United States citizens.  If you are using an “international driver’s license” in place of a state-issued license, you should stop immediately. It is illegal, and if caught, you will face criminal charges.  If your Ohio State driver's license has been revoked due to a DUI (now called OVI), you cannot drive here on any other license. If you have a valid license from somewhere else, you may be able to drive in other jurisdictions. Check with local counsel.If, however, you are a new arrival to the United States...

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No Miranda Rights for DUI Cases?

There was a time when the Miranda Rights were not extended to drunk driving cases. In State v. Pyle, 19 Ohio St. 2d 64, 48 Ohio Op. 2d 82, 249 N.E.2d 826 (1969) the Ohio Supreme Court reasoned that the rights guaranteed under the Supreme Court decision in Miranda v. Arizona did not apply to misdemeanor cases (like DUI).  The ostensible reason for this distinction was that the level of interrogation in a misdemeanor case is less intrusive and coercive than the rigorous interrogation in a felony case.  The United States Supreme Court disagreed.The holding in Berkemer v. McCarty, 468 U.S....

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