14 December

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Supreme Court To Decide DUI Cases

In a follow-up to its recent decision in Missouri v. McNeely, the Supreme Court agreed to decide whether a blood or breath test for drunk driving can be made without a search warrant and whether, if there is no warrant, an individual can be charged with a crime for refusing to take such a test.As in Ohio, North Dakota, state laws bars a person from driving in the state if he or she refuses to submit to a chemical test, of blood, breath or urine, to determine alcohol concentration. It makes refusal to take such a test open to prosecution...

19 January

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A Physical Control Conviction Is Not A Prior Offense

Posted by Dayton DUI

in DUI Law

Our video explains what the physical control option is and what it means for you. A physical control conviction does not count as a "prior offense" for purposes of enhancement. This principle is spelled out in case law and in statute. R.C. 4511.181 sets forth the offenses that count as prior convictions. It does not list a violation of physical control (R.C. 4511.194) as a predicate offense. It does not matter if the prior conviction was charged under R.C. 4511.194 or as a violation of a municipal ordinance. This is set forth at R.C. 4511.182(A) and in State v. Schultz, 2008-Ohio-4325...

03 December

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Holiday DUI Blitz Begins December 6th

Posted by Dayton DUI

in Announcements, News, Uncategorized

The Ohio State Highway Patrol announced its annual "Holiday DUI Blitz." The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol and intelligence sharing.The holiday dui initiative will take place from Friday, December 5 at 12:01 a.m. through Sunday, December 7 at 11:59 p.m. This high-visibility enforcement effort will include the Indiana State Police, Kentucky State Police, Michigan State Police, Ohio State Highway Patrol, Pennsylvania State Police and the West Virginia State Police. Charles M. Rowland II dedicates his practice to defending...

21 November

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OVI Law: Elimination of Alcohol By Oxidation

Posted by Dayton DUI

in DUI Process

OVI law requires an understanding of how alcohol enters, affects and exits the body. Here is a brief overview of the elimination process.Alcohol exits the human body by being oxidized by a number of very important enzymes. Foremost among these enzymes are ADH (alcohol dehydrogenase) and ALDH (aldehyde dehydrogenase). Over 90% of the ingested alcohol is oxidized in the liver. The remaining 10% is excreted via the breath (.07%), the urine (.03%) and sweat (.01%). [Master, S., Chapter 23: The Alcohols, Basics and Clinical Pharmacology, B. Katzung, Editor, McGraw Hill, Eighth Edition, 2001, p. 382 (hereafter "Katzung").We know that the...

03 November

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What Is A Horizontal Gaze Nystagmus Test?

Posted by Dayton DUI

in Uncategorized

What is the Horizontal Gaze Nystagmus Test? Alcohol is a central nervous system depressant affecting many of the higher as well as lower motor control systems of the body. This results in poor motor coordination, sluggish reflexes, and emotional instability. The part of the nervous system that fine-tunes and controls hand movements and body posture also controls eye movements. When intoxicated, a person's nervous system will display a breakdown in the smooth and accurate control of eye movements. This breakdown in the smooth control of eye movement may result in the inability to hold the eyes steady, resulting in a number...

06 October

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DUI Law Update: MADD Gets Its Cake And Eats It Too!

Posted by Dayton DUI

in DUI Law

This DUI law update sets forth an alternate interpretation of MADDs attempt to pass Annie's Law. Is it possible that MADD has seen the error of its ways and is seeking to do damage control? The most common complaint about DUI enforcement in the State of Ohio concerns the ability of a police officer to seize your license and prevent you from driving for 15 or 30 days (first offense) before you are even taken to court. We often hear a shocked response of, "What about innocent until proven guilty?" Is this criticism causing MADD to look for a different...

05 September

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OVI Trial Practice: Admission of the Alcohol Influence Report

Posted by Dayton DUI

in DUI Law

The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation. Most of the forms require that the officer simply check the predetermined indicator. Not surprisingly, all the officer's observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature. Clearly, letting the jury have this document as evidence to review in the jury room would be prejudicial to an OVI defense.Evidence Rule 803(8) excludes...

29 August

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

Posted by Dayton DUI

in DUI Law, DUI Process

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...

25 August

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Determining Probable Cause For An OVI Offense

Posted by Dayton DUI

in DUI Law

A warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974). In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller, 117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 Ohio App.3d 109, 534 N.E.2d 906 (2nd Dist. Court of Appeals, Montgomery County 1987). "[B]ecause of the mosaic which is analyzed for a...

14 August

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First Offense Kettering OVI – What Is Going To Happen To Me?

Posted by Dayton DUI

in Ohio Cities

A first offense Kettering OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years. A first offense OVI can be charged in three ways. The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)). These types of offenses are also referred to as “per se” violations. A second way to be charged is for violating the high-tier provision of Ohio’s OVI law. Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI. The per se high-tier limits for a first offense OVI are set forth at O.R.C. 4511.19(A)(1) (f)...

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