05 September

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Presumption of Innocence? Not For OVI

The History of The Presumption of Innocence The presumption of innocence, Ei incumbit probatio qui dicit, non qui negat.It is the principle that one is considered innocent unless proven guilty. It dates back to the very foundations of western jurisprudence. The sixth century Digest of Justinian provides, as a general rule of evidence:"Proof lies on him who asserts, not on him who denies."The presumption requires that the prosecution has the obligation to prove each element of the offense. They must prove each beyond a reasonable doub. The accused bears no burden of proof. This is often expressed in the phrase innocent until proven...

07 November

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Commercial Driver’s License – Gone For Life!

Posted by Dayton DUI

in DUI Law

If you have a commercial driver's license, you are held to a high standard. You see, if you are a doctor, lawyer, teacher, or police officer; you get a second chance. But if you drive a big rig a second mistake can result in a lifetime disqualification. This is true even if your "mistakes" do not happen when you are on the clock. A CDL holder does not have to be driving a commercial vehicle under the influence to trigger a suspension of his commercial driver's license.The first offense drunk driving charge is bad enough. Blow over the limit or refuse...

05 January

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Why The ALS Suspension Is Unconstitutional

Posted by Dayton DUI

in DUI Law

We are often asked how the arresting officer is authorized to take a persons' license under the ALS suspension, and whether or not this is constitutional. The dilemma presented by Ohio DUI Law is this: If I am innocent until proven guilty, how can they punish me by immediately taking my license when I am accused of DUI? This site takes the position that the current law is unconstitutional. But before we jump into the argument, it is important to understand how the current law works. If you are stopped for an OVI, DUI or drunk driving and you refuse to take a...

28 July

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Methods for Obtaining A Test Under Ohio’s Implied Consent Law

Posted by Dayton DUI

in DUI Law, DUI Process

When you drive on Ohio's roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B). Ohio Revised Code 4511.191(A)(2) is Ohio's Implied Consent Law. It states, in pertinent part, "Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have...

26 June

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Can I Get An ALS Suspension On A Physical Control Charge?

Posted by Dayton DUI

in DUI Law

If you are found drunk in a non-moving car, you may be charged with a violation of O.R.C. 4511.194, Physical Control of an Automobile While Impaired instead of drunk driving (O.R.C. 4511.19, OVI, DUI, OMVI). The arresting officer, on behalf of the Ohio Bureau of Motor Vehicles (hereinafter BMV), imposes an Administrative License Suspension at the time of arrest for OVI, or OVUAC when the driver refuses to take the chemical test or takes it and has an alcohol concentration in his whole blood of .08%, blood serum or plasma of .096%, breath of .08%, or in his urine of...

09 June

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How Will A DUI Affect My Insurance Costs?

Posted by Dayton DUI

in DUI Law, DUI Process

“How will a DUI affect my insurance costs?” This is one of the most common questions we get at initial client conferences. I have grown frustrated in trying to give a short answer that sufficiently covers the nuances of the situation, so - here is my long-winded multi-part answer.How Will A DUI Affect My Insurance Costs (Part I)Insurance company evaluators look at you as a risk. Your rates are based on a number of super-secret algorithms and proprietary factors. Having a DUI conviction is just one of many things they look at and consider. Depending on their factors, insurers may...

14 May

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How To Get Your License Back

Posted by Dayton DUI

in Uncategorized

Often, the most pressing question in a DUI arrest is how to get your license back!If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately. This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court. A court may not grant driving...

26 December

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Limited Driving Privileges Under Ohio Revised Code 4510.021

Posted by Dayton DUI

in Uncategorized

Q. Can I get limited driving privileges during the pendency of my OVI case?A court may grant limited driving privileges to a person who has had their license suspended pursuant to a pending OVI. The Ohio Revised Code, 4510.021 limits driving to the following purposes: (1) Occupational, educational, vocational, or medical purposes; (2) Taking the driver's or commercial driver's license examination; and (3) Attending court-ordered treatment. A court is granted broad discretion to impose restrictions so long as the restrictions are reasonable. While most courts will not impose an ignition interlock devise or restricted "party" plates on a first offense OVI, the statute...

23 December

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Due Process and the Administrative License Suspension

Posted by Dayton DUI

in Uncategorized

How can it be constitutional for the State to take my license immediately via the Administrative License Suspension?Ohio believes that driving is not a right, but a privilege. See 4511.191 If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately. This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The Administrative license suspension is a suspension imposed by the Ohio...

14 November

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Petition for ALS Driving Privileges in the Vandalia Municipal Court

Posted by Dayton DUI

in Ohio Cities

Q. How can I obtain ALS driving privileges in the Vandalia Municipal Court?If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately. This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court. A court may not grant ALS driving privileges for...

DUI & ALS Suspensions Tag

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