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

Ohio DUI Defense: The Top 10 DUI Defenses

Your Ohio DUI defense attorney should be familiar with these "TOP 10" defenses to an Ohio DUI.1. Hire The Best DUI Attorney: The most important decision that you can make in defending your case is hiring the right Ohio DUI defense attorney.  Ohio DUI defense involves understanding Ohio's DUI law, the Ohio Administrative Code, the breath test device, standardized field sobriety testing (administration and interpretation) and all manners of science which may affect your case.  Ohio DUI defense begins with an attorney who has the experience to fight your case, the scientific knowledge to attack in the right places, and the skill...

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

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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Driving Privileges: Hard Time

15 days if you took the test, 30 days if you did not (First Offense)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...

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Do Not Pay Your Reinstatement Fee! (by DaytonDUI)

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 take a...

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Driving Under the Influence of Ecstasy

Driving Under the Influence of Drugs in Ohio"Ecstasy," 3,4-Methylenedioxymethamphetamine (MDMA) is popular among recreational drug users ages 17-25 who take the drug to experience heightened responsiveness to intimate touch, increased sexual stimulation, increased energy, elevated self-esteem and euphoria.  Several recent studies have attempted to define MDMA/ecstasy impairment:Nichols, "Differences Between the Mechanism of Action of MDMA, MBB and the Classic Hallucinogens, Identification of a New Therapeutic Class: Entactogens," 18 J. Psychoactive Drugs 305 (1986); Parrott & Lasky, "Ecstasy (MDMA) Effects Upon Mood and Cognition: Before, During and After a Saturday Night Dance," 139 Psychopharmacology, 261 (1998); McCann et al., "Cognitive Performance in (+3,4-Methylenedioxymethamphetamine...

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DUI Law: Appellate Review & Motion to Suppress

I have written extensively about the importance of filing a motion to suppress to challenge the evidence that the State can use against a defendant in a DUI case.  Counsel can use the motion to suppress as an informal discovery tool, as an informal deposition of the State's witnesses, as a dry run of your scientific defense, or as a method of attacking the State's witnesses.  Whatever your strategy, the goal is to win.  But what if you don't?A defendant has not direct appeal from a decision overruling a motion to suppress because an adverse ruling is not considered a...

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Ohio Breath Test Law; the 3-hour Rule

Substantial Compliance Requires Collection Within Three Hours. R.C. 4511.19(D) sets forth a three-hour time limitation for the collection of bodily substances for alcohol and/or drug testing.  This rule is a change from Ohio's previous law which gave the State only two hours in which to obtain a sample.The time requirement has been adopted by the Ohio Supreme Court in Cincinnati v. Sand, 43 Ohio St.2d 79, 330 N.E.2d 908 (1975) and more definitively at Newark v. Lucas, 40 Ohio St.3d 100, 532 N.E.2d 130 (1988),  where the court held that tests in test cases (cases involving a violation of the prohibited...

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Challenging the Breath Test (Part I)

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Ohio classifies DUI in two ways.  The first offense 4511.19(A)(1)(a) is the old fashion notion that you are "under the influence" of alcohol or drugs.  This definition is subject to expansion by the prosecution and is scrupulously narrowed by the defense.  Other portions of the statute deal with "per se" violations, known as breath test cases (blowing over the limit).  These two types of cases are very different and will be analyzed differently by competent DUI counsel.Ohio has judicially recognized rules and procedures to ensure the...

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