08 September

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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...

08 August

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We Know Who The Dangerous Drunk Drivers Are!

Posted by Dayton DUI

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We know who the dangerous drunk drivers are. According to the National Hardcore Drunk Driving Project: Hardcore drunken drivers are those who drive with a high blood alcohol concentration (BAC) of .15 or above or who do so repeatedly, as demonstrated by having more than one impaired driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment or education. We also know how dangerous these people can be. Hardcore drunk drivers are responsible for 70% of all drunk driving fatalities and are 380 times more likely to be involved in a fatal crash. Drivers with blood alcohol concentration levels in...

06 August

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Judges Express Concerns Over Ignition Interlock Implementation

Posted by Dayton DUI

in DUI Law

As Ohio is contemplating "Annie's Law" which would require Ignition Interlock Devices for every first-time OVI offender, it is important to look at how implementation went in other states. The National Highway Traffic Safety Administration recently released a report on Arizona's adoption of the law. DOT HS 812 025, Ignition Interlock: An Investigation into Rural Arizona Judges’ Perceptions, Fred Cheesman, Matthew Kleiman, Cynthia G. Lee, and Kathryn Holt (May, 2014). In 2007, Arizona became the second state in the nation to require all first-time drunk driving offenders to equip their vehicles with ignition interlock devices. The first was Arizona’s...

14 May

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How To Get Your License Back

Posted by Dayton DUI

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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...

06 May

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Driving Privileges in The Vandalia Municipal Court

Posted by Dayton DUI

in Ohio Cities

How can I obtain ALS driving privileges if my case is 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...

16 January

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Changes To Ohio’s Field Sobriety Test Manual – Part One

Posted by Dayton DUI

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Ohio has adopted a new Field Sobriety Test manual as of 2013. This post is part of a multi-article look at the Field Sobriety Test manual changes.1. Let's Change The Name The first change to the Field Sobriety Test manual is the name. Prior to this year the training class for law enforcement officers studying the Field Sobriety Test regimen was called A.D.A.P. (Alcohol and Drug Awareness Program) and used the National Highway Traffic Safety Administration "manual." The new class will simply be called Field Sobriety Test or SFST class and will use a "guide."Remaining from the previous training materials is...

30 December

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MADD and NHTSA Push For Expanded Use of Ignition Interlock Devices

Posted by Dayton DUI

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Mothers Against Drunk Driving and their government partners at the National Highway Traffic Safety Administration want 2014 to be the year that all states expand the use of ignition interlock devices to include anyone convicted of a drunk driving offense.Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a...

31 July

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OVI Breath Tests: Faulty Assumptions

Posted by Dayton DUI

in DUI Process

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...

08 July

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Alcohol’s Impact On Motorcycle Operation

Posted by Dayton DUI

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It is harder to control a motorcycle than it is to drive a car. The motorcycle requires a need for greater coordination and balance. Motorcycle accidents also carries a considerably greater risk of injury or death. An assessment of operating performance of experienced motorcyclists using a motorcycle simulator reveal positive correlations between potentially fatal errors and breath alcohol levels well below the then-accepted legal limit of intoxication of 0.10 g/dL (Colburn et al., 1993). Performance decrements were noted as BAC increased from 0.038-0.059 g/dL (Robinson et al., 1990).Motorcyclists drink at a higher percentage than car/truck drivers, but the motorcycle operators...

10 June

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Dayton DUI: Don’t Pay Your Reinstatement Fee Until Your Case Is Over…

Posted by Dayton DUI

in DUI Process

Charles M. Rowland II may be able to get your reinstatement fee lowered from $475.00 to $40.00. Whether or not he can do this is not decided until the end of the case. So Don't Pay Right Away! In Ohio, any person who operates a vehicle within the state of Ohio is legally presumed to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving). According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to...

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