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DUI Law

DUI Science: Are Gastric Bypass Patients More Susceptible to a DUI?

According to the results of a new study in the February issue of the Journal of the American College of Surgeons, the dramatic changes that occur as a result of gastric bypass surgery can cause some people to overindulge when using alcohol thereby increasing their risk for a DUI. As cited at by Science Daily (linked HERE): Studies have shown that gastric bypass patients often find it difficult adjusting to physical and psychological changes after the procedure. An increased risk of depression, alcoholism, and other substance abuse issues for this patient population led researchers to take a more in-depth look at how...

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Federal Court DUI

Misdemeanor drunk driving charges occurring on federal lands (such as national parks and military bases)  fall under the jurisdiction of the federal courts.  Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases 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 DUI 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...

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DUI Blood Tests: Whole Blood vs. Serum/Plasma

Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances.  Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays.  To challenge a blood test, it is important to know if the State has tested the blood as whole blood or as serum/plasma.  Operation with a concentration of alcohol is prohibited if the concentration in whole blood is equal to or exceeds .08%, R.C. 4511.19(A)(1)(b).  However, the prohibited concentration for whole blood is a concentration equal to or exceeding .096%, R.C.4511.19(A)(1)(c).  The high...

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Ohio DUI Law: Admissibility of the Standardized Field Sobriety Tests

Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be admissible, the State must demonstrate:By clear and convincing evidence. The Officer administered the tests in substantial compliance. The testing standards for any reliable, credible, and generally accepted test. Including, but not limited to, the standards set by NHTSA.The only guidance provided for determining the meaning of "substantial compliance" has come from State v. Burnside, 100 Ohio St. 3d 152, 2003-Ohio-5372...

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Ohio DUI Law: Another Jurisdiction Dumps the Intoxilyzer 8000

Add Cincinnati to the Jurisdictions Not Relying on the Intoxilyzer 8000 It appears that the ruling from the 12th District Court of Appeals upholding the use of the Intoxilyzer 8000, despite clear language in the Ohio Administrative Code requiring a dry gas control prior to each subject test, has not saved the Intoxilyzer 8000 in nearby Hamilton County.  In May, Municipal Court Judge Melissa Powers agreed and ruled the machine must be cleared after each breath test. Her ruling threw OVI prosecutions within Cincinnati into limbo because defense attorneys used it to attack drunk-driving allegations made using that machine.  Cincinnati City Prosecutor Charlie...

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Ohio DUI Law Update: Appellate Court Upholds Intoxilyzer 8000

In the first appellate decision involving the Intoxilyzer 8000, Ohio's 12th District Court of Appeals ruled that tests should be allowed despite the plain language of the Ohio Administrative Code.  The ruling is the first setback to defense attorneys (like me!) who have challenged the implementation of the machine in Ohio.  The case is State v. Kormos, 2012-Ohio-3128 and you can read the full decision HERE.At issue was Ohio Administrative Code section 3701-53-04 which incorporates the new rules for calibrations of the Intoxilyzer 8000. See O.A.C. 3701-53-04(B) as set forth below.  The “new” standards “automatically perform a dry gas control test before...

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Ohio DUI Law Update: Congress Approves MADD’s Legislative Agenda

Congress has bowed to pressure from the powerful lobbying group Mother's Against Drunk Driving and approved the Federal transportation legislation Moving Ahead for Progress in the 21st Century, or MAP-21.  The Act authorizes funding for research projects and advances the Driver Alcohol Detection System for Safety, or DADSS.   The $10 million research program is being funded by the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety.The development of DADSS has been the main legislative and lobbying effort of Mothers Against Drunk Driving for the past few years.  Due to their efforts they have garnered the buy-in of car...

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Dayton DUI Update: Drunk Driving Arrests Up/Fatalities Down

According to the Ohio State Highway Patrol, OVI arrests are up and OVI-related fatal crashes are down.  In a release on their website today, the OSP stated, "through May of this year, troopers have made 10,459 OVI arrests - which is an increase of 915 arrests during the same time period last year.  During this time OVI-related fatalities have dropped 26 percent or 39 deaths - with 110 crashes killing 124 people.Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out this CONTACT form.  For information about...

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Ohio Commercial Driver Law: An Overview

I Fight For Commercial DriversOhio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver's license.4506.16(D)(5) If you are convicted of two "serious traffic violations" within a three (3) year period, your commercial driver's license will be suspended for sixty (60) days. 4506.16(D)(6) If you are convicted of three "serious traffic violations" within a three (3) year period, you commercial driver's license will be suspended for 120 days.If you receive a conviction of any of the following, your commercial driver's license will be suspended for one year:4506.15(A)(2) You have a BAC of .04% or...

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Federal Court Overturns Bogus DUI

Sober woman sues after being jailed on a false drunk driving charge. When courts acquiesce to lowering the standards for arrests and heighten the importance of placing people under arrest for the political crime of OVI, injustices are sure to follow.  Just such an injustice was done to Catrena Green and she’s fighting back!Green was stopped in August 2008 by an Ohio State Trooper for failure to dim her high beams.  When the Trooper stopped Green, she explained that due to the wet conditions she was trying to be careful.  She then asked if she had done anything else.  "No, not...

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