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Dayton DUI Attorney Charles Rowland > Posts tagged "OVUAC"

Is It A Crime To Refuse To Take A Breath Test?

Is it a crime to refuse to take a breath test? Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving)  or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years.  If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the "Penalties" section of the DaytonDUI blog).Professional drivers who refuse to take a breath test face a separate crime if they do not...

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Your Kids Will Be Targeted This Prom Season

Prom Season in Ohio brings forth a big law enforcement response.Undercover agents with the Ohio Investigative Unit are taking an active role in enforcing Ohio’s alcohol laws to ensure everyone has an enjoyable and safe prom season. Agents throughout Ohio will be conducting compliance checks on liquor permit premises, educating Ohio’s high school students through Sober Truth classes, and working with local alcohol coalitions and law enforcement to bring awareness to the dangers of underage drinking.Parents will be targeted by MADD's "Parents Who Host Lose The Most" campaign. A person who furnishes alcohol to an underage person is guilty of...

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Prom DUI Blitz Underway

Mothers Against Drunk Driving and their partners in law enforcement have begun the annual Prom DUI enforcement blitz that will last throughout the prom season.  So in addition to the tuxedos, the wrist corsages and the awkward pictures; make sure you talk to your teen about drunk driving.  MADD is proclaiming April 21 “PowerTalk21 Day” to encourage parents and teens to talk about alcohol.In recent years, MADD has shifted its focus away from its singular mission of preventing drunk driving, to include an effort to curb underage drinking.  The Prom DUI enforcement is used in conjunction with their efforts at instilling...

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Operating A Vehicle After Underage Consumption: Ohio’s Juvenile OVI Law

Ohio has made illegal the practice of operating a vehicle after underage consumption (OVUAC).  O.R.C. 4511.19(B) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .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.  (1994 S.B. 82, eff. 5/4/94).  In 2004, amended R.C. 4511.19(B) renamed the offense “operating a vehicle after underage consumption” (OVUAC).  These quasi-zero tolerance levels are justified by the fact that this age group accounts for a “disproportionate share of alcohol-related accidents.”...

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Ohio DUI Laws: An Overview

This post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases.   Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle.  If you need to find out more about a specific law, or how the statute has been interpreted or applied, call Charles M. Rowland II at (937) 318-1384 or read about the specific Ohio DUI law at the Ohio DUI Law Blog.Operating a Vehicle Impaired (OVI); O.R.C. 4511.19 This is Ohio's drunk driving statute (Ohio's DUI law).  It is a...

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R.C. 4511.181, Prior Convictions

Ohio Revised Code 4511.181 sets forth the law of prior convictions in Ohio.  It states that "equivalent offenses" can include:A state OVI under 4511.19(A); A state OVUAC offense under 4511.19(B); [often referred to as a "baby" DUI or an "juvenile" DUI] A violation of a municipal OVI ordinance; Involuntary manslaughter due to impairment, R.C. 2903.04(D); Aggravated vehicular homicide, vehicular homicide or vehicular manslaughter due to impairment, R.C. 2903.06(A)(1); Aggravated assault due to impaired driving, R.C. 2903.08(A)(1); Other state aggravated vehicular homicide, vehicular homicide, vehicular manslaughter offenses under R.C. 2903.06, R.C. 2903.08 or former R.C. 2903.07 based on a finding of impairment; A violation of a municipal ordinance...

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DUI In Xenia, Beavercreek or Fairborn? An Overview of Greene County Courts

If you are arrested for DUI/OVI in Greene County, Ohio you will appear in one of the following courts.Greene County Court of Common Pleas: The Greene County Court of Common Pleas is located at 45 N. Detroit St., Xenia, Ohio 45385 in the historic Greene County Courthouse.  The Court is responsible for felony level offenses (including felony level OVI offenses, Aggravated Vehicular Homicide and Aggravated Vehicular Assault cases) arising in Greene County, Ohio.  The Greene County Court of Common Pleas is presided over by the Honorable Stephen A. Wolaver (937) 562-5218, and the Honorable Michael A. Buckwalter (937) 562-5217. For information...

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Ohio Drunk Driving Law and the College Student

If you get a DUI while attending an Ohio college or university the effects can be devastating.  It is vital that you speak to an attorney prior to making any legal decision that can affect your future.  Too many frightened and overwhelmed students choose to just plead guilty not knowing the life-long consequences their actions can have.In a National Highway Traffic Safety Administration (NHTSA) survey, 44% of college students reported binge drinking at least once in the two weeks prior to being surveyed.  19% reported frequent binge drinking, and more than half of those admitted to drinking and driving in the 30 days prior to being surveyed. It...

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Alcohol and Energy Drinks (by DaytonDUI.com)

In 2005, the Drink Four  Brewing Company introduced Four Loko to the American malt beverage market. The name "Four" is derived from the original energy drink's four main ingredients: alcohol, caffeine, taurine, and guarana.  There are three product lines within the Four brand:Four Loko — contains either 6%, 8%, or 12% alcohol by volume (ABV), depending on state regulations, and is packaged in 23.5 oz. cans Poco Loko — contains 8% alcohol by volume (ABV), and is packaged in 16 oz. cans Four Loko in bottles — contains either 6% or 8% alcohol by volume (ABV), and is packaged in 11.2 oz. glass bottlesOriginal formulations of both beverages were a malt liquor-based, caffeinated alcoholic energy...

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Driving Under Suspension in Ohio

Image via WikipediaOhio’s Driving Under Suspension (DUS) law is formidable.  The statutory scheme encompasses over 20 different types of suspensions ranging from Automatic License Suspensions for DUI offenses to suspensions for failing to purchase adequate insurance coverage. Please click on the links below for specific information. If you need additional information on Ohio’s DUS law, or if you find yourself charged with Driving Under Suspension or any of the myriad offense that require contact with the Ohio Bureau of Motor Vehicles, please contact Dayton traffic attorney Charles M. Rowland II at (937)318-1DUI [318-1384] today. Types of Suspensions in Ohio12-Points Administrative License...

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