14 July

Sticky

Detecting Drunk Drivers at Night

Use Their Science Against ThemImage via WikipediaOur friends at the National Highway Traffic Safety Administration (NHTSA) have created a booklet for law enforcement called "Guide for Detecting Drunk Drivers at Night." This guide sets forth some of the most common and reliable indicators of drunk driving, such as: Turning with a wide radius; Straddling the center or land etc. What's more, they have assigned a probability of intoxication to each of the indicators. For example, a person who turns with a wide radius will have a blood-alcohol concentration of .10 or higher 65 out of 100 times. A person...

05 July

0 Comments

Sticky

Breathalyzers and the Body Temperature Defense

Posted by Dayton DUI

in DUI Process

Sources of Error in Breath Testing (Part One)Image via WikipediaDeviations in the normal body temperature can result in an error in the evidentiary breath test. In his article "Body Temperature and the Breathalyzer Boobytrap," 721 Mich B.J. (1982), Dr. Hlastala confirms that the normal body temperature of a healthy person may"may vary by as much as 1 degree centigrade above or below the normal mean value of 37 degrees centigrade or 1.8 degrees F from the mean value of 98.6 degrees F." The higher the body temperature, the greater the error rate of the breathalyzer machine. LaBianca...

22 June

0 Comments

Sticky

OVI While Operating a Commercial Vehicle

Posted by Dayton DUI

in DUI Law, DUI Process

CDL limit is .04 (not .08) while operating a commercial vehicle It is illegal to operate a commercial vehicle in Ohio with a BAC of .04 or higher. If you plead to, or are found guilty of an Ohio DUI, all the regular Ohio DUI/OVI penalties apply, but the legal limit in which you may drive is .04 instead of .08. Refusal to take a chemical test is a first degree misdemeanor, regardless of whether you were charged with an Ohio OVI or not. Charles M. Rowland II has represented truck drivers and other commercial drivers for over fifteen years. If you...

13 June

0 Comments

Sticky

Ohio OVI Law – a definition

Posted by Dayton DUI

in DUI Law, DUI Process

Image via WikipediaThe term OVI (Operating a Vehicle while Impaired) is the latest acronym for the universally understood DUI; they mean the same thing. Often you will find yourself charged with OVI offenses in two ways: the first is for testing over the per se limit, and the second charge for operating a vehicle while impaired. In Ohio driving under the influence includes driving while intoxicated with too much alcohol, or driving under the influence of a drug of abuse. The traditional offense is "driving under the influence of alcohol" (DUI). Ohio has also enacted a second, so-called "per se"...

09 June

0 Comments

Sticky

MADD Secures Passage of ROADS SAFE Amendment

Posted by Dayton DUI

in DUI Law, DUI Process

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Today, Mothers Against Drunk Driving (M.A.D.D.) secured passage of the ROADS SAFE Amendment as part of the Motor Vehicle Safety Act. The amendment was approved by voice vote in the Senate Commerce, Science, and Transportation Committee. The amendment provides $12 million per year over five years to help boost the research for the Driver Alcohol Detection System for Safety, or DADSS. DADSS is the result of a cooperative research agreement between the Automotive Coalition for Traffic Safety (ACTS), comprised of the world’s leading auto manufacturers, and the National...

03 June

0 Comments

Sticky

Retrograd Extrapolation (The Rising Alcohol Defense)

Posted by Dayton DUI

in DUI Process

DAYTONDUI.COM Explains the Defense of Retrograde Extrapolation [caption id="attachment_8279" align="alignright" width="144" caption="www.DaytonDUI.com"][/caption]The chemical test of your breath is administered at a police station, commonly an hour or more after the arrest. Ohio, pursuant to recent changes in the DUI law, allows three hours for collection of a chemical test. Logically, the breath test gives an accurate reading of the BrAC at the time of the breath test. It does not, however, answer the question of what BrAC was at the time of driving.Experienced counsel like Charles M. Rowland II, can use the forensic science of retrograde extrapolation to “look back” to...

19 May

0 Comments

Sticky

Residual Mouth Alcohol and Gastroesophogeal Reflux

Posted by Dayton DUI

in DUI Process

Undetected, raw, unabsorbed alcohol in the mouth may falsely elevate the results of a breath test. This residual mouth alcohol (RMA) can come from items ingested just prior to the test, from regurgitated (burped) air from the stomach, or from gastroesophogeal reflux. Ohio testing protocol attempts to guard against this testing flaw by requiring officers to observe the defendant for twenty minutes prior to the test. They look for burping, vomiting or any ingestion of items into the mouth. Lazy observation by the police officer...

27 January

0 Comments

Sticky

Dayton DUI Treatise: What is an Invalid Sample Reading?

Posted by Dayton DUI

in DUI Process

The following article appears on www.AVVO.com. Please visit me on AVVO where I have earned a 10/10 rating.Written by: Charles Melville Rowland II Fairborn, OH | Avvo Rating: 10.0 | Client Reviews (2) Add to list Print Send to a friend Share thisThe Problem “I was standing by the machine. It beeped and the officer told me to blow. I blew and blew. The officer got really mad and told me that I was messing with the machine. He said I had to do it again. He took out one ticket and put in another. The next time I blew again…really hard. He told me that I...

15 January

0 Comments

Sticky

Breathalyzers Don’t Distinguish Between Types of Alcohol

Posted by Dayton DUI

in DUI Process

"I only drink beer...

07 December

0 Comments

Sticky

Breath Testing: What an “INVALID SAMPLE” reading means on a BAC DataMaster

Posted by Dayton DUI

in DUI Process

“INVALID SAMPLE” WHAT IT IS AND WHAT IT IS NOT “I was standing by the machine. It beeped and the officer told me to blow. I blew and blew. The officer got really mad and told me that I was messing with the machine. He said I had to do it again. The next time I blew again…really hard. He told me that I was being difficult and told me that he was going to say I was refusing to take the test. This was horrible.”-Client Testimonial-WHAT AN INVALID SAMPLE IS NOTAfter hearing a story like the one above, the client hands you two pink BAC DataMaster tickets...

Blood alcohol content Tag

I support The Substance Abuse Prevention Institute