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Dayton DUI Attorney Charles Rowland > Posts tagged "blood test"

Admitting OVI Blood Tests Made Easier By Ohio Supreme Court

A REVIEW OF BLOOD TEST REGULATION IN OHIO In Ohio, a blood test is administered by a crime lab or the collecting health care agency. The blood must be drawn by a licensed medical professional.  In cases where blood tests are administered by a crime lab, the Ohio DUI driver’s blood sample must be drawn within three hours of the perceived infraction.  In addition, it must be tested in compliance with regulations drafted by the Ohio Department of Health. Because of their complexity, an attorney focusing on DUI defense exclusively should be considered.Please consult the articles on the ODH rules on this...

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DUI Attorney Strategies – Know The Science!

Here is a tool that every DUI attorney should have in their arsenal.  It is a study entitled, Absorption, Distribution and Elimination of Alcohol: Highway Safety Aspects and it has a number of facts that a jury should know:The time that elapses between the driving of the car and the time of the chemical test can produce significantly different blood alcohol concentrations. The time that passes from the end of the alcohol intake until the peak alcohol concentration varies from 14 to 138 minutes in one study, to 12 to 166 minutes in another study. It is impossible to convert the alcohol concentration of...

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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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DUI Law: What Did SCOTUS Say In Missouri v. McNeely

If you have been following developments in DUI law, you have no doubt heard about the United States Supreme Court decision in Missouri v. McNeely, 133 S.Ct. 1552 (2013).  The case deals with when, and under what circumstances the government is required to seek a warrant prior to drawing blood from a suspected DUI offender. Below is a quote from the case which provides a reasonable (and short) analysis of the case.  If you want to read the full opinion please click on the case name above. In Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966), this Court upheld...

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

  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...

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No Refusal Dayton OVI Checkpoint Tonight!

The Dayton Police Department, along with members of the Combined Agency OVI Task Force of Montgomery County, will operate a "no refusal" Dayton OVI sobriety checkpoint Saturday at 10 p.m. in the area of N. Gettysburg and Kings Highway.  A judge will be standing by to issue a warrant for a forced blood draw if you refuse to give evidence against yourself in the form of a breath test.  This is a newly adopted and highly controversial tactic that has been adopted by the Montgomery County OVI Task Force. If you want to receive updated information on Dayton OVI checkpoint locations,...

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Drunk Driving Defense: Sleep Deprivation

Drunk Driving Defense or Sleep Deprivation?Imagine that you come across a person who acts confused, their appearance is disheveled, their eyes are bloodshot and they have an odor of alcohol on their breath.  Are they drunk?What I just described is a person who worked for 17 straight hours at a physically and mentally taxing job.  Instead of going home, he stopped by a co-worker's party, had one beer and then proceeded home.  He was stopped a police officer and arrested for drunk driving.A chronic sleep-restricted state can cause fatigue, daytime sleepiness, clumsiness and weight loss or weight gain  It adversely affects the brain and cognitive...

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Forced Blood Draw In Ohio (What Happens After Missouri v. McNeeley?)

What is the status of Ohio's forced blood draw law [R.C. 4511.191] following the decision in Missouri v. McNeeley, 2013 U.S. LEXIS 3160 (2013).In Missouri v, McNeely, the United States Supreme Court ruled that a nonconsensual warrantless blood draw violates a person’s right to be free from unreasonable searches and seizures under the 4th Amendment to the Constitution. The McNeely decision raises some questions for search warrants in OVI cases. Some of the questions include (1) Did this decision invalidate the implied consent laws? and (2) Are search warrants required for every DUI arrest before a forced blood draw can be taken from...

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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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