25 May

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Memorial Day OVI Checkpoints [updated for 5/26]

SATURDAY UPDATES INCLUDING DAYTON'S NO-REFUSAL CHECKPOINT LOCATION Wow! There is so much activity that you should check back as we plan to update this post as we receive information about checkpoints in and around the Miami Valley. We post the locations and times of checkpoints to aide in the effort to cause people to plan ahead before finding themselves in a compromising or dangerous situation. State officials say the goal of checkpoints is more about awareness than arrests. Multiple OVI checkpoints will be held in the area this holiday weekend as part of a fight against alcohol-related crashes for which the...

08 May

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DUI Science: How To Read The Correlation Studies in the NHTSA Manual

Posted by Dayton DUI

in DUI Law

Researchers at the National Highway Traffic Safety Administration (NHTSA) have created a booklet for law enforcement called “Guide for Detecting Drunk Drivers at Night.” This guide sets forth some of the most common and reliable indicators of drunk driving. The list divides driving behaviors into four areas of clues that officers are trained to look for: Maintaining Lane Position, Speed and Braking, Vigilance, and Judgment. The following is a list of symptoms in descending order of probability that the person observed is at or above a .10% BAC, thus statutorily driving while intoxicated.Turning with a wide radius Straddling center of lane marker “Appearing to be...

04 May

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Commercial Driver’s License Disqualification in Ohio

Posted by Dayton DUI

in DUI Law

You will lose your Ohio CDL for one year if convicted of any of the following offenses:Driving any vehicle with a blood alcohol count (BAC) of 0.08% or higher Driving a commercial motor vehicle (CMV) with a BAC of 0.04% Refusing to submit to a sobriety test Leaving the scene of an accident Using the vehicle to commit a felony Driving a commercial motor vehicle (CMV) with a suspended, revoked or canceled CDL Causing a fatality through negligent drivingSerious Offenses, These violations include:Speeding 15 mph over the posted speed limit Reckless driving Improper lane changes Following a vehicle too closely Driving a CMV without holding a CDL Driving a CMV without having...

30 April

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Invalid Consent Leads To Exclusion Of Blood Test

Posted by Dayton DUI

in DUI Law, DUI Process

If your DUI case involves an automobile accident, you may be taken to the hospital. In this setting it is likely that an investigating officer will request a sample of your blood. Frequently, the issue of consent will be raised. Your Ohio DUI lawyer can challenge the validity of the consent and whether or not the consent was made knowingly and voluntarily. These issues were recently addressed in State v. Rawnsley, 2011-Ohio-5696.On April 24, 2010, Defendant Ann Rawnsley was involved in a two-car accident which resulted in sufficient injuries that she was removed to Miami Valley Hospital by ambulance. Injuries to...

29 April

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DaytonDUI, Defending a Breath Test Case

Posted by Dayton DUI

in DUI Process

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test? According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

25 April

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Driving While High?

Posted by Dayton DUI

in Drugs & Alcohol

[caption id="" align="alignright" width="256" caption="3D rendering of the THC molecule "][/caption]Today, 90 million Americans have the right to access medical marijuana when they are seriously ill. Ohioans will consider the passage of a medical marijuana bill this fall. As more states decriminalize and legalize marijuana, law enforcement is scrambling to deal with what it warns will be a dramatic increase in driving while stoned. What can we expect?LAW ENFORCEMENT RESPONSE. Many states have adopted a specified training regimen for law enforcement officers. This protocol allows officers to testify as to specific observations of marijuana impairment. Drug Recognition Experts (DRE) are trained to...

18 April

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Admissibility of the Standardized Field Sobriety Tests – Statutory Rules

Posted by Dayton DUI

in DUI Law

Ohio Revised Code 4511.19(D)(4)(b) sets forth the law on admissibility of the standardized field sobriety tests in Ohio. It reads, in pertinent part: (b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum...

16 April

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“Hiding the Ball” in Ohio DUI Cases

Posted by Dayton DUI

in DUI Law

ODH and the Disappearing Intoxilyzer 8000 RecordsOne of the proposed benefits of the adoption of the Intoxilyzer 8000 was to be the consolidation of breath test records in one place. Previously, breath test records were maintained by the individual police departments. Implementation and maintenance of the Intoxilyzer 8000 is the responsibility of the Ohio Department of Health and specifically the ODH's Bureau of Alcohol and Drug Testing. The Ohio Department of Health has started a web site containing all information about breath tests in the state, called the Breath Instrument Data Center. [HERE] Records were to be available on-line and...

05 April

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Ohio OVI Breath Testing – Bigger Is Better?

Posted by Dayton DUI

in DUI Process

The Intoxilyzer 8000 breath testing machine adopted by Ohio in all 88 counties differs significantly from the Intoxilyzer 5000 machine that has been used for years. Both machines operate using INFRARED ABSORPTION to analyze breath samples. The sample (deep lung aveolar air) is blown into the sample chamber and then excited by an infrared light source. The decrease in intensity of the IR light due to absorption by alcohol in the breath sample is proportional to the alcohol in the breath. The Intoxilyzer 8000 has a significantly smaller sample chamber (29.4 cc's vs. 84 cc's in the 5000) and...

04 April

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The Reality of an Ohio DUI Arrest

Posted by Dayton DUI

in DUI Process

You are out to dinner with friends and you decide to have a couple of beers. On the way home you see police lights in your rearview mirror. The officer approaches and says, “I noticed that your license plate light was not working.” You remember that the news announced a major “saturation patrol” was taking place and that officers were pulling people over for any conceivable reason. You tell the officer that you only had a couple of beers. “Sir, could you please step out of the car.” The officer puts you through a series of difficult, confusing and humiliating...

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