13 October

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Why Was I Charged With Two OVI Offenses?

Why Was I Charged With Two OVI Offenses? Often, the arresting law enforcement officer will charge both the per se (you tested over the legal limit of .08) and appreciable impairment (you looked and acted drunk), knowing that you cannot be convicted of both. In essence, the officer is hedging his bets, hoping that if your test is found to be faulty you can still be found guilty of being impaired.At your trial or sentencing hearing, your conviction will either be for the per se or appreciable impairment charge. At DaytonDUI, we will help you understand the pros and cons of any plea agreement and empower...

05 October

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Allergic To Alcohol – Is That A Thing?

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Allergic To Alcohol - Is that a thing? Studies have shown about a third of Japanese, Chinese, and Koreans respond to alcohol by turning red. This condition is knows as "Alcohol Flush Reaction" and many refer to it as an allergy to alcohol. The reaction is a condition in which an individual develops flushes or blotches associated with erythema on the face, neck, shoulders, and, in some cases, the entire body after consuming alcoholic beverages. The reaction is the result of an accumulation of acetaldehyde, a metabolic byproduct of the catabolic metabolism of alcohol, and is caused by an aldehyde...

14 September

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Why The Founders Opposed Militarized Police

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Just how opposed were the Founding Fathers to a pervasive militarized police force? Their revolutionary experience forged a deep mistrust of standing armies. They were viewed as a pernicious threat to liberty. Here are just a few quotes that explain how and why the idea (what we would call a police state today) was anathema to the first Americans.During the Virginia ratifying convention, James Madison described a standing army as the “greatest mischief that can happen.”Fellow delegate to the Constitutional Convention of 1787, George Mason put a finer point on it: No man has a greater regard for the military gentlemen...

09 September

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There Are Better Ways To Enforce OVI Law

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The National Highway Traffic Safety Administration recently concluded its annual “Drive Sober or Get Pulled Over” OVI campaign, a 20-day enforcement effort running through Labor Day. The national crackdown aims to prevent the incidence of impaired driver related highway fatalities over the extended Labor Day weekend.In Ohio, the statewide “Drive Sober” campaign means local law enforcement will conduct grant-funded high-visibility OVI checkpoints in an effort to catch any drivers who’ve had too many beers at a Labor Day barbecue. These well-intentioned enforcement efforts, however, are misguided, ineffective and violative of American values.Dismal arrest rates are common across Ohio and the country,...

02 September

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Ohio OVI Laws: Immobilization (First Offense)

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If you do not have a prior OVI offense, getting your car back is relatively easy as Ohio OVI laws do not authorize immobilization as a penalty for a first offense. Here are the steps you should take to get your car back.Locate the proper tow lot; Gather enough cash (or other proper payment) to pay towing and storage fees; Gather proof of ownership; and If you were placed under and Administrative License Suspension, get a licensed driver to drive your car from the impound lot.If you have trouble with ANY of the items above, contact your OVI attorney and they will help get your...

24 August

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Ohio OVI Blitz Continues Through Labor Day

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This weekend saw local jurisdictions fully implement the annual Ohio OVI blitz known as "Drive Sober or Get Pulled Over." The enforcement action will last until September 7, 2015 and will be accompanied by radio, television and news coverage. The efforts are funded by massive federal grants and allows local and state police forces to garner massive overtime for the troops. When coupled with the "cash cow" of issuing multiple tickets (no seat belt, no insurance, driving under suspension) at checkpoints designed to catch drunk drivers we can see why, despite the massive social success of anti-drunk driving norms, your local...

21 August

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OVI Crackdown: Drive Sober Or Get Pulled Over

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OVI Crack Down Throughout Ohio. Aug. 21 through Sept. 7 (Labor Day), law enforcement partners nationwide will show zero tolerance for drunk driving. Increased state and national messaging about the dangers of driving drunk, coupled with checkpoints and increased officers on the road, aim to drastically increase OVI arrests. This is part of the annual "Drive Sober or Get Pulled Over" campaign.There will be three sobriety checkpoints in the Miami Valley area tonight and multiple checkpoints throughout Ohio. Kettering will be holding its checkpoint on Saturday, with details of the location released Saturday morning.The Germantown Police Department will conduct a checkpoint from...

21 August

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Dayton DUI Blog Included In LawBlogs.net

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This very Dayton DUI blog has received inclusion in the LawBlogs.net collection of prestigious legal blogs. This site is a collection of blogs that deal with almost every conceivable area of law. It is well organized and fully integrated so that you can follow it on Twitter, Facebook and G+. Look for us listed as Ohio DUI | OVI Blog!The founder, Matthias Klappenbach explains, I would love to start building out this community of law blogs. Right now there's barely anyone around. Visitors are coming through links from JuraBlogs.com or somehow find the site on Google. However I will keep adding...

13 July

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Do I Have To Report An Air Force DUI?

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We frequently receive questions about an active-duty service members requirement to report an Air Force DUI arrest to his superiors. We rely upon a decision (HERE) from the United States Navy, Navy Admin 373/11, which states that, in light of the decision in U.S. v. Serianne: 1. THIS NAVADMIN AMPLIFIES REF A, WHICH REVISED ARTICLE 1137 TO REF B TO INCORPORATE AND EXTEND REF C. THIS NAVADMIN ALSO AMENDS REFS D THROUGH J, AS NOTED BELOW.2. CRIMINAL CONVICTIONS. PER REF A, U.S. NAVY REGULATIONS NOW REQUIRE THAT ALL PERSONS IN THE NAVAL SERVICE SELF-REPORT CRIMINAL CONVICTIONS, INCLUDING FOREIGN CONVICTIONS.3. CIVILIAN ARRESTS AND...

06 July

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What Is The One Leg Stand Test?

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THE ONE LEG STAND TEST In this test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down. NHTSA research indicates that 83 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.08...

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