14 August

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First Offense Kettering OVI – What Is Going To Happen To Me?

A first offense Kettering OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years. A first offense OVI can be charged in three ways. The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)). These types of offenses are also referred to as “per se” violations. A second way to be charged is for violating the high-tier provision of Ohio’s OVI law. Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI. The per se high-tier limits for a first offense OVI are set forth at O.R.C. 4511.19(A)(1) (f)...

26 March

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Kettering DUI First Offense: What To Expect

Posted by Dayton DUI

in Ohio Cities

Kettering DUI? This article is designed to help you understand what to expect if you are charged with a DUI in the Kettering Municipal Court.A first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years. A first offense DUI can be charged in three ways. The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)). These types of offenses are also referred to as “per se” violations. A second way to be charged is for violating the high-tier provision of Ohio’s DUI law. Ohio has also created a per se “high-tier” limit...

13 February

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Ohio Felony DUI Law: Aggravated Vehicular Homicide

Posted by Dayton DUI

in DUI Law

The most tragic cases we handle are cases involving a charge of aggravated vehicular homicide.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 aggravated vehicular homicide 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...

13 November

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First Offense DUI – What To Expect

Posted by Dayton DUI

in Uncategorized

A first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years. A first offense DUI can be charged in three ways. The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)). These types of offenses are also referred to as "per se" violations. A second way to be charged is for violating the high-tier provision of Ohio's DUI law. Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI. The per se high-tier limits for a first offense DUI are set forth at...

11 September

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Ohio’s Felony OVI Look-Back Rule

Posted by Dayton DUI

in DUI Law

Ohio has established a twenty year felony OVI look-back period. A sixth or greater OVI (drunk driving) offense within a twenty year look-back period is a fourth degree felony OVI. R.C. 4511.19(G)(1)(d). Another harsh provision under Ohio OVI 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.Felony OVI...

12 August

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Ohio DUI Laws: An Overview

Posted by Dayton DUI

in DUI Law, DUI Process

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...

06 August

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Ohio OVI Law: The Habitual Offender Registry

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

Ohio OVI law states that you can't be a chronic alcoholic and drive in Ohio. Ohio driver's license laws forbid the issuance of a driver's license to, or the retention of a license by, a person who is "alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety" (Ohio R.C. 4507.08(D)(1). Such persons will be placed on Ohio's Habitual Offender Registry.If you have an OVI conviction after September 30, 2008 and you have four or more prior OVI (or equivalent) convictions in...

17 July

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Wrong Way Crashes and DUI

Posted by Dayton DUI

in DUI Law

A new study commissioned on behalf of the Ohio State Highway Patrol concluded that more than half of wrong-way drivers were suspected of alcohol or drug impairment. According to the study, 60 wrong-way collisions between January 2011 and April 2013 resulted in 31 deaths. Some notable findings in the report:> The death rate in wrong-way collisions (37 percent) was more than 100 times higher than in all crashes on Ohio roadways (0.35 percent) during the reporting period. > 57 percent of wrong-way drivers were men. > Among age groups, 23 percent were from ages of 16-25, 21 percent were from 36-45 and 21 percent...

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...

01 February

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DUI Accidents and Ohio Law (Aggravated Vehicular Homicide & Aggravated Vehicular Assault)

Posted by Dayton DUI

in DUI Law

If you are involved in an accident while driving under the influence in Ohio you face very harsh penalties. 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...

Vehicular homicide Tag

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