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Dayton DUI Attorney Charles Rowland > Posts tagged "dui penalties" (Page 5)

DADSS Will Search You Every Time You Get In Your Car

Within the next few years you may be required to give a breath sample or have your skin scanned in order to operate your car.  The U.S. Department of Transportation (DOT) is developing a technology called Driver Alcohol Detection System for Safety (DADSS).  The $10 million research program is being funded by the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety.  The development of DADSS has been the main legislative and lobbying effort of Mothers Against Drunk Driving for the past few years.  Due to their efforts they have garnered the buy-in of car manufacturers...

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… and the horse you rode in on!

If you need a ride home from the bar, consider a horse!  Ohio Revised Code 4511.01(A) defines what constitutes a vehicle for purposes of the DUI statute:every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that "vehicle" does not include any motorized wheelchair, any electric personal assistive mobility device, any device that is moved by power collected from overhead electric trolley wires, or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power. Applying...

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What Are The Costs of a DUI?

Potential expenses from a DUI According to a recent CNBC article: Drunk Driving Could Cost $20,000, by Craig Guillot, you could expect to spend as much as $20,000.00 in total costs for a first time DUI offense.  Another article, The Most Expensive Ride You'll Ever Take, by Ashley Grant details her expensive experience with a DUI charge. "One drink too many puts you at risk not only for an arrest, but also for fees, fines and costs that can run you thousands of dollars. While a DUI or DWI may be a misdemeanor charge in a number of jurisdictions, it's a matter that...

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DUI Refusals and the Automatic License Suspension

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 chemical test at the request of law enforcement, your license will be suspended immediately. Depending on previous offenses or refusals, you can have your license suspended for a period of 1 year to 5 years.  After a second offense your vehicle may also be immobilized.You, or your attorney,  can appeal the automatic license suspension (O.R.C. 4511.197)  at the initial court appearance which will be held within 5...

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Boating Under the Influence in Ohio (BUI)

Boating Under the Influence is illegal in Ohio. 2001 Sub. S.B. 123, eff. 1-1-04 sought to unify the drunk driving provisions with Ohio's boating laws.   O.R.C. 1547.11(A)(1)  to O.R.C. 1547.11(A)(6) prohibit a person from operating or being in physical control of a vessel underway or manipulating water skis, aquaplanes, or similar devices while under the influence of alcohol or drugs.O.R.C. 1547.11(A)(1) is the impairment provision of the law, preventing operation or physical control while under the influence.  The law also has a provision preventing operation with a prohibited level of alcohol which it sets at the same prohibited level...

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Juvenile DUI in Ohio and the Learner’s Permit

My 15 year-old was caught drinking. How will this affect her ability to get her license? Ohio has adopted a very low alcohol level for persons under 21.  R.C. 4511.19(B) sets the BAC level at .02 percent but less than .08 percent (by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine).  These quasi-zero tolerance levels are justified by the fact that this age group accounts for a "disproportionate share of alcohol-related accidents." See Ohio Driving Under the Influence Law, 2009-2010 ed., Weiler & Weiler, pp. 24-25.  Juveniles who test...

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Out of State DUI Consequences

Question: I was visiting Ohio when I received an OVI charge; what will happen to my out-of-state license? Ohio (and 45 other states) are members of the Driver's License Compact, an agreement wherein member States communicate the fact of a conviction for DUI to the "Home State". The "Home State" then takes action against the licensee under its own laws. Forty-five States are currently members of the Interstate Compact.  Michigan and Wisconsin are not part of the DLC.   Under all but a few geographical exceptions, it will be impossible for an out of State resident to avoid serious consequences in their...

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Military DUI: What Happens Now?

The consequences of an OVI while serving active duty in the military can be devastating: dishonorable discharge, rank reduction, pay deduction, loss of security clearance, fines and jail time and mandatory military counseling sessions and potential exclusion from some sensitive operations.  Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law.  We are seeing more cases where the leadership is “cracking down” on drunk driving offenses and promising to end the career of personnel who are found guilty of an OVI offense.  This limits the ability of commanding...

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Zero Tolerance for Driving Under the Influence of Drugs? (from NORML)

The National Highway Traffic Safety Administration posted a press release entitled “Drug Use Among Fatally Injured Drivers Increased Over the Last Five Years“.  The release summarizes the full report that examines the the drug test results of drivers who had been killed in automobile crashes.  While the report itself is objective and offers many caveats about reading it as an indictment of drug-using drivers as serious safety risk, the mainstream media hasn’t been as “fair and balanced” and the Drug Czar has jumped on the release to forward his agenda.The headline from the Associated Press reads: “Gov’t: Drugs were in...

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“POINTS” on your Ohio License

One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver's license.  "Points" under Ohio law are set forth at O.R.C. 4510.036(C).  The statute lists the following as 6-point violations:6 Point Violations -Aggravated Vehicular Homicide -Vehicular Homicide -Vehicular Manslaughter -Aggravated Vehicular Assault -Willful Fleeing and Eluding, -Failure to Stop and Disclose Identity at Accident -Street Racing -Driving Under Suspension -OVI (drunk driving) -Unauthorized Use of a Motor Vehicle -Any felony motor vehicle violation or any felony committed with motor vehicleFour Point Violations -Operation of a Vehicle After Underage Consumption -Operation in Willful or Wanton Disregard of Safety (a reckless operation offense) -Exceeding the Speed Limit by...

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