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Dayton DUI Attorney Charles Rowland > Posts tagged "Alcohol"

Alcohol On Your Breath? So What!

Have we reached a point where the mere presence of alcohol on the breath is enough to place a person under arrest?  Did you take a Breathe Test in Ohio? Learn what it means for you in this video. We ask this question because the "odor of an alcoholic beverage" is the first and most relied upon clue an officer notes in his or her report.  Not only does it determine that the driver has been drinking but provides legal justification (reasonable suspicion) for continuing the stop for a DUI/OVI investigation.  Courts allow an officer to testify as to the odor and...

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Ohio Sets Alcohol Record – Here Are The Top 10 Sellers

What is your favorite type of alcohol? According to the Ohio Department of Commerce, Ohioans are buying more and better alcohol than ever before. Sales reached a record level in 2014 totaling $949 million. This represents an increase of 5.6 percent and exceeded last year’s total by $50 million, according to date released by the Ohio Department of Commerce.  Premium and Super-Premium products dominate the top of the charts and account for almost 60 percent of the total dollar sales.Here, (from WHIO) is the top 10 list of Ohio alcohol choices: 1. Jack Daniels Tennessee Whiskey – 364,060 gallons 2. Crown Royal Canadian Whiskey...

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OVI Law: Elimination of Alcohol By Oxidation

OVI law requires an understanding of how alcohol enters, affects and exits the body.  Here is a brief overview of the elimination process.Alcohol exits the human body by being oxidized by a number of very important enzymes.  Foremost among these enzymes are ADH (alcohol dehydrogenase) and ALDH (aldehyde dehydrogenase).  Over 90% of the ingested alcohol is oxidized in the liver.  The remaining 10% is excreted via the breath (.07%), the urine (.03%) and sweat (.01%). [Master, S., Chapter 23: The Alcohols, Basics and Clinical Pharmacology, B. Katzung, Editor, McGraw Hill, Eighth Edition, 2001, p. 382 (hereafter "Katzung").We know that the...

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Alcohol And Your Body: A Primer

About 20% of the alcohol (actually the impairing substance is ethanol) in your beverage is absorbed in the stomach and the remaining 80% is absorbed in the small intestine.  How fast it is absorbed is dependent on various factors.The higher the percentage in the beverage, the faster the absorption; Are you mixing? Carbonated beverages tend to speed up absorption; Hungry? Food in your stomach slows down the absorption;When it is absorbed it looks for the water in your blood and body.  Fat does not matter as ethanol does not dissolve in fat. The inebriating effects are present when the concentration in the blood...

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Kettering DUI – What Is Going To Happen To Me?

A first offense Kettering DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense DUI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.  A second way to be charged is for violating the high-tier provision of Ohio’s DUI law.  Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI.  The per se high-tier limits for a first offense DUI are set forth at O.R.C. 4511.19(A)(1)(f) The...

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Springboro DUI? What To Expect On A First Offense

Springboro DUI? This article is designed to help you understand what to expect if you are charged with a DUI in the Springboro Mayor's Court. A first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense DUI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.  A second way to be charged is for violating the high-tier provision of Ohio’s DUI law.  Ohio has also created a per se “high-tier” limit of...

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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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Underage Consumption And Ohio’s College Students: Know Your Rights

Being charged with "underage consumption" is a common occurrence on Ohio college campuses.  The crime of underage consumption is a violation of Ohio Revised Code, which prohibits possessing, consuming or being under the influence of alcohol under the age of 21.  Holding an alcoholic beverage and/or being intoxicated in a public place is enough to sustain the charge.  Students sometimes mistakenly believe that an officer must give them a breathalyzer test to "prove" intoxication.  This is not the law.  College students often compound their problems by being so scared of being arrested for underage consumption that they provide false information to the...

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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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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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