07 July

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The 20 Year Look-back Provisions of Ohio DUI Law

If you accumulate a sixth or greater DUI/OVI offense within a twenty year look-back period, you can be charged with a fourth degree felony. R.C. 4511.19(G)(1)(d). Another harsh provision under Ohio law is the “once a felony, always a felony” rule contained in R.C. 4511.19(G)(1)(e), meaning that any future DUI regardless of how many years have passed is charged as a third-degree felony. This means that if you have many years of sobriety in between DUI convictions, you still face a felony rather than having your case treated as a first-in-six misdemeanor offense.DUI defense attorneys have challenged the constitutionality of...

28 June

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Texting While Driving Is Illegal in Ohio

Posted by Dayton DUI

in DUI Process

With the passage of H.B. 99, Ohio has joined other states in banning receiving or transmitting text messages while driving. The bill prohibits a person from driving a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using an electronic wireless communications device to write, send, or read a text-based communication. R.C. 4511.204(A)The bill defines ʺelectronic wireless communications deviceʺ to include a wireless telephone, text‐messaging device, personal digital assistant, computer, or any other substantially similar wireless device that is designed or used to communicate text. R.C. 4511.204(D)(1) ʺWrite, send,...

20 April

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DUI Refusals and the Automatic License Suspension

Posted by Dayton DUI

in DUI Law, DUI Process

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...

07 April

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What Does a “Lanes of Travel” or “Marked Lanes” Charge Mean?

Posted by Dayton DUI

in Uncategorized

Image via WikipediaA marked lanes charge is often a companion charge to a DUI/OVI offense. It is also a "cue" that the officer may look for based on his/her National Highway Transportation Safety Administration training. Many people believe that weaving, in and of itself, is both a crime and an indication of drunk driving. This article will demonstrate the Ohio law on these matters as they are most frequently charged (marked lanes; lanes of travel). Check your ticket and see if you have violated this law. Ohio Revised Code sec. 4511.25...

15 March

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Ohio OVI Law: Impairment by Drugs of Abuse

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

Image via WikipediaOhio Revised Code 4511.19(A)(1)(j) prohibits the operation of a vehicle under the influence of any of the following controlled substances: amphetamine, cocaine, cocaine metabolite, heroin, heroin metabolite (6-monoacetyl morphine), L.S.D., marijuana, marijuana metabolite, methamphetamine, phencyclidine, salvia divinorum, or salvinorin A. The statute sets forth statutorily prohibited concentrations of each of the drugs set forth above. For impairment purposes, "drugs of abuse" is defined as set forth in Ohio Revised Code 3719.01 which includes not only illegal drugs and/or controlled substances but also includes harmful intoxicants under Ohio Revised Code 2925.01(I) and dangerous drugs under Ohio...

28 February

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Who is Qualified to Conduct a Breath Test?

Posted by Dayton DUI

in DUI Process

Evidential breath testing in Ohio is governed by the Ohio Administrative Code and the Ohio Revised Code. The OVI statute, R.C. 4511.19(D)(1), sets forth the requirements that evidential breath tests are admissible when analyzed by individuals holding valid permits issued pursuant to R.C. 3401.143, and qualified in accordance with O.A.C. 3701-53-07(C) - (F). The Ohio Administrative Code contemplates two types, or ranks, of people who are qualified to administer an evidential breath test: Operators and Senior Operators. "Operators" are authorized to conduct breath tests, whereas, "Senior Operators" is capable of conducting breath tests, caring for the machine and its maintenance and...

24 January

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DUI Law: Challenging a Forfeiture

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

Image by lovelypetal via FlickrFORFEITURE, WHAT IS THE LAW? If you are convicted of any of the following the State of Ohio can, pursuant to O.R.C. 4503.234, order a forfeiture of your vehicle:a third OVI w/in 6 years (O.R.C. 4511.19(G)(1)(c)(v)); any felony OVI (O.R.C. 4511.19(G)(1)(d)(v) and 4522.29(G)(1)(e)(v)); a third offense of driving under suspension (O.R.C. 4510.11(C)(4)); a third offense of driving under an OVI suspension (O.R.C. 4510.14(B)(3)(d)); a third of subsequent offense w/in 5 years of driving under an FRA suspension (O.R.C. 4510.16(B)(2)); a third or subsequent wrongful entrustment (O.R.C. 4511.203(C)(3)); operating or permitting the operation of a vehicle in violation of an immobilization order (O.R.C....

31 December

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Blood & Urine Testing in Ohio; O.A.C. 3701-53-03

Posted by Dayton DUI

in DUI Process

Image via WikipediaOhio Administrative Code 3701-53-03 regulates the testing of blood, urine and other bodily substances for purposes of evidential testing. Section (A) is specific to alcohol and approves gas chromatography and enzyme assays as approved testing techniques. "The technique or method must have documented sensitivity, specificity, accuracy, precision and linearity. The technique or method can be based on procedures which have been published in a peer reviewed or juried scientific journal or thoroughly documented by the laboratory.O.A.C. 3701-53-03(B) sets forth the approved methods for testing blood, urine and bodily...

22 December

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DUI Crime Lab Requirements, O.A.C. 3701-53-06

Posted by Dayton DUI

in DUI Law, DUI Process

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]O.A.C. 3701-53-06 sets forth the lab requirements for proper testing in DUI cases Ohio Administrative Code 3701-53-06 (formerly O.A.C. 3701-53-05) contains the requirements for laboratories who administer alcohol and drugs tests. Section (A) sets forth the rules that labs must keep chain of custody records and test results for three (3) years. All positive blood, urine and other bodily substances shall be retained for a period of not less than one year. Section (B) requires lab proficiency. Section (C) requires that,"[t]extbooks and package inserts or operator manuals from the manufacturer...

16 December

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Blood & Urine Specimens O.A.C. 3701-53-05

Posted by Dayton DUI

in DUI Law, DUI Process

Image via WikipediaOhio Administrative Code section 3701-53-05 applies to the collection of blood and urine specimens. Section (A) requires all samples to be "collected in accordance with section 4511.19 (DUI statute), or section 1547.11 (Boating Under the Influence) of the Revised Code, as applicable."Section (B) states, "[w]hen collecting a blood sample, an aqueous solution of non-volatile antiseptic shall be used on the skin. No alcohols shall be used as a skin antiseptic." A good place to start your DUI investigation is the first blood draw. We have garnered the help of a legal-nurse-practitioner to find instances where wounds could have...

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