22 May

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Dayton DUI Answers The Question, “Should I Blow?”

To blow or not to blow, that is the question. DUI attorney explains how the Breathe test affects your case in this video and whether to blow or not to blow. Unfortunately, the answer is "maybe" and involves a very complicated investigation of the facts of your case and your personal history. You should NEVER refuse the test without understanding how a refusal would affect YOU. No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.Can you answer "TRUE" to ALL of the following questions? If so,...

10 April

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Approved Breath Testing Instruments: O.A.C. 3701-53-02

Posted by Dayton DUI

in DUI Process

Ohio Administrative Code 3701-53-02(A) sets forth the approved instruments for evidential breath testing in Ohio. It states, (A) The instruments listed in this paragraph are approved as evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by sections 4511.19 and/or 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath-alcohol concentration. The approved evidential breath testing instruments are:BAC DataMaster, BAC DataMaster K, BAC DataMaster cdm; Intoxilyzer model 5000 series 66, 68 and 68 EN; and Intoxilyzer model 8000 (OH-5).O.A.C. 3701-53-02(B) lists the approved...

03 April

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Gas Chromatography Mass Spectrometry (An Overview)

Posted by Dayton DUI

in DUI Process

To fully comprehend the processes of chemical testing, your DUI attorney should understand gas chromatography - mass spectrometry. Gas chromatography mass spectrometry (hereinafter GCMS) is a method that combines the features of gas-liquid chromatography and mass spectrometry to identify different substances within a test sample. GC-MS has been widely heralded as a "gold standard" for forensic substance identification because it is used to perform a specific test.Ohio Administrative Code 3701-53-03(A) sets forth the techniques and methods for determining the concentration of alcohol in blood, urine and other bodily substances. Pursuant to that rule, Ohio allows for testing including gas chromatography and enzyme assays. The GCMS instrument is...

28 March

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Clayton OVI Attorney

Posted by Dayton DUI

in Ohio Cities

If you are arrested in Clayton, Ohio on suspicion of drunk driving, this page will provide you with information that can help you win your case and get your life back. Charles M. Rowland II developed www.ClaytonDUI.com to provide exceptional DUI services to residents of Clayton and Randolph Township. He has been representing the accused drunk driver in Clayton since 1995. Which Court Will I Go To? The city of Clayton is serviced by the Vandalia Municipal Court which is located on the 2nd floor of the Justice Center at 245 James E. Bohanan Memorial Drive, Vandalia, Ohio. The Court operates Monday through Friday,...

27 March

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DUI Science and Blood Contamination

Posted by Dayton DUI

in DUI Process

The practice of modern DUI law involves understanding the various scientific tests that have become commonplace in forensic collection and storage of specimens for alcohol analysis. Specifically, DUI attorneys must understand that contamination can increase the concentration of ethanol in a specimen. Typically, contamination takes one of two forms. The first is straight-forward physical contamination which may manifest itself before, during or after collection. The second form of contamination occurs when microorganisms contaminate a sample and produce ethanol in the sample thereby falsely inflating the amount of ethanol therein. This article will focus on the physical contamination that may cause...

08 March

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DUI Breath Test Defense: Core Body Temperature as a Defense to a Breath Test

Posted by Dayton DUI

in DUI Process

Took the Breath Test and wondering if you still have a case? The cornerstone of evidential breath testing is the scientific principle called Henry's law, named after pioneering chemist William Henry in 1803. Henry's Law states, At a constant temperature, the amount of a given gas that dissolves in a given type and volume of liquid is directly proportional to the partial pressure of that gas in equilibrium with that liquid. In evidential breath testing, Henry's Law allows the machine to assume it can measure the alcohol (ethanol) in your breath as a ratio to the ethanol in your blood. That is why...

07 February

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Aggravated Vehicular Homicide, O.R.C. 2903.06

Posted by Dayton DUI

in DUI Law

Aggravated Vehicular Homicide, O.R.C. 2903.06, is a crime that results from the death of another caused by the defendant's operating a vehicle while impaired (a violation of R.C. 4511.19) or while driving negligently or recklessly. The statute encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death. Often, defendants are indicted for multiple counts, with additional counts for each victim of the accident.Under the reckless section of the statute you will be found guilty of a third degree felony which rises to a second degree felony if the driver is...

15 January

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Ohio DUI Blood Testing: Hemolysis

Posted by Dayton DUI

in DUI Process

As blood testing becomes a more favored form of evidential testing in Ohio, attorneys must become familiar with flaws in the testing protocol which may create detriments to their clients. One such area for consideration is the way in which the blood specimen is handled from collection site to the property room to the Court.Most blood specimens are collected in Vacutainer tubes which contain pre-measured amounts of preservatives and anticoagulants. Mixing the specimen and the contents of the tube must be done in a prescribed manner involving the gentle inversion of the tube eight to ten times. The blood must...

07 December

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Driving and Drugs: Ohio’s Per Se Marijuana Law

Posted by Dayton DUI

in Drugs & Alcohol

Wondering if you can get charged with an OVI from Marijuana? While it is well established that alcohol consumption increases accident risk, evidence of marijuana's culpability in on-road driving accidents and injury is far less clear. Although acute cannabis intoxication following inhalation has been shown to mildly impair psychomotor skills, this impairment is seldom severe or long lasting. According to the US Department of Transportation, National Highway Traffic Safety Administration. State of Knowledge of Drugged Driving: FINAL REPORT. op. cit., "Experimental research on the effects of cannabis ...

07 December

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Ohio OVI: Standardized Field Sobriety Tests & Marijuana

Posted by Dayton DUI

in Drugs & Alcohol

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007).More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana. Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol limit on a breath test machine. This raises questions about the proper determination of probable cause. If, for example, no alcohol was suspected how did the officer arrive deduce enough evidence to make an arrest? Were the standardized field sobriety tests administered to detect alcohol or...

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