Arrested for OVI? Should You Blow?

00Breath Testing, Illegal Police StopsTags: , , , , , , , , ,

should you blowWhen you are stopped on suspicion of DUI the question becomes – “Should You Blow?” Unfortunately, the answer is “maybe. ” The analysis 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, you can politely DECLINE any police test(s) of your blood, breath, or urine with minimum impact. Be prepared and know your rights.

  • I am an Ohio license holder, 21 years or older; AND
  • I was not involved in an accident involving possible death or to serious injury to ANYBODY, even members of my family, pedestrians or passengers; AND
  • I do not have a commercial driver’s license (CDL); AND
  • No matter where I currently have a license to drive, I have hadno prior drunk driving convictionsor deferred pleas for DUI in ANY state within 6 years (from the date of conviction until now).

Should you blow? Refusing a chemical test can result in harsh penalties which includes a one-year license suspension and a longer period of time before you can get driving privileges.   Your attorney can fight to get this reduced. In some courts your refusal may be held strictly against you and in others you may be able to get a reduced suspension despite your refusal.

In State v. Hill, 2009-Ohio-2468, the Appellate Court upheld the right of a trial court to enhance a penalty based on a refusal to take the chemical test. In most circumstances, a refusal to take a chemical test will result in a longer hard-time suspension (30 days rather than 15 days without any driving privileges). [see the Automatic License Suspension section of this blog]. You should also engage in an honest assessment of your alcohol consumption. If you risk testing over Ohio’s “super-OVI” threshold (over a .17% BAC) you may do harm by taking the test. Take these factors into account when making your decision to blow or not to blow.


Should You blow, Now you know! Any criminal defense attorney would rather have less evidence against you rather than more, but giving blanket advice to refuse the chemical test is a mistake. Be prepared to make the best decision for you. You can also plan ahead by storing my contact information in your smart phone: (937)776-2671.

What Happens At A DUI Pre-Trial?

00DUI Court Process

What Happens At A DUI Pre-Trial?

We are often asked questions about what happens at a DUI pre-trial.  The following video explains what you will likely encounter.

Our goal at the pre-trial hearing is to have the prosecutor look at the case from the perspective of the accused. We do this by focusing on the decision-making process of the arresting officer and what else could have been done to reach the conclusion that a person was impaired.  The pre-trial represents the best opportunity to resolve the case prior to trial.  In fact, the biggest decision most people will face in their OVI case is whether to accept the pre-trial offer or continue to fight.

“I want to fight!” Fighting your DUI will mean proceeding to a motion to suppress hearing. As this is the biggest decision point in your case, it should be made in consultation with your attorney. Ask about everything. You will want to know what your best arguments are as well as your biggest deficits. You will need to know if an expert witness should be employed and, if so, how much that will cost.  You can learn more about this process in other “DUI Process” posts on this blog.

We also point out that it is not beneficial for your attorney to expect you to make a decision on the day of the pre-trial. I meet with my clients after the pre-trial to discuss the discovery, the offer and the benefits of going forward.  If you have additional questions, please feel free to contact me at (937) 318-1384 or 888-ROWLAND.

Charles M. Rowland II is an accomplished DUI trial attorney who limits his practice to defending the accused drunk driver. A attorney since 1995, Charles Rowland has been a city prosecuting attorney, an appointed special county prosecutor, a mediation judge, an expert witness in DUI, a frequent DUI speaker and a prolific DUI blogger. Get your best shot at beating your DUI by calling (937) 318-1384.

I Oppose OVI Checkpoints – Text “DaytonDUI” To 313131

00DUI Checkpoints

Why do I oppose OVI checkpoints?

I oppose OVI checkpoints because they are wrong! When I was a kid growing up in the Miami Valley, we believed that what separated us from the evil Soviet Union was our freedom.  It was a Cold-War trope that in America you need not fear officers of the state stopping you for no reason to ask for your papers. Americans travel freely!  It was at the end of the Cold-War that America began its decades long War on Drugs.  The War on Drugs fundamentally changed who we are.

We started to fear each other. We no longer thought of our freedoms as our defining assets. Instead, we started to see some of our freedoms as areas exploited by criminals to prey on us.  It was a very big deal when the United States Supreme Court shifted to a more friendly law enforcement court. The shift to a more favorable view of the War on Drugs under Chief Justice Rheinquist made restrictions on our freedoms a reality. The police became much more powerful.

The War on Drugs – The War on Drunk Driving

When we declared War on Drunk Driving, we decided that our freedom to travel was no longer inclusive of the right to not be stopped without reason.  Under the new schema, Americans would be subjected to police officers stopping every person on a particular roadway to determine if they were drinking.  In effect, they could ask for your papers. Soon, it became ubiquitous for law enforcement to use “any means necessary” to stop drunk drivers. More and more the very principles which defined us a generation ago were being jettisoned in favor of a more militaristic police force and a more pervasive police presence.

When I argue against these operations, it is not motivated by a hatred of law enforcement or a desire to see people drink and drive. I believe in that there are better ways to keep dangerous people off the roads.No one can unring the bell of time and certainly no one wants a return to the Cold War. But the freedoms that we have lost in the War on Drugs and the War on Drunk Drivers should give us pause. I oppose OVI checkpoints because we are better than that. In addition, there are better ways to make the roadways safe.  Saturation patrols are more effective.  Much more effective is the societal shift that mandates drunk driving is not to be tolerated.  We see technological advances such as driverless cars on the horizon.

Free Text Alerts – Text “DaytonDUI” to 313131

Sign up for free OVI checkpoints alerts. Text “DaytonDUI” (one word) to 313131.  This video explains how to get the free text alerts in the Miami Valley. We feel confident that, if you think about how to get home prior to drinking, you will not make the choice to drink and drive. If you need me after hours, please call (937) 776-2671.  My office number is (937) 318-1DUI and our toll-free number is 1-888-ROWLAND.


Plan before you leave. Plan before you drink. Secure your car. Secure a ride. A cab is cheaper than an attorney. Bail is more expensive than Uber. Call me if you need help. I’m always available. (937) 318-1384 or 24/7 at (937) 776-2671.


Beavercreek OVI

Beavercreek OVI – Beavercreek DUI?

00Beavercreek DUITags: , , , , , , ,

beavercreek duiBeavercreek DUI – Beavercreek OVI?

If you have been arrested for OVI in Fairborn, Bath Township, Beavercreek or Beavercreek Township? Your misdemeanor Beavercreek DUI case will be heard in the Beavercreek/Fairborn Municipal Court, 1148 Kauffman Ave. in Fairborn, Ohio.  Need to find information about a case in the Fairborn Municipal Court?  Search HERE.  For case information or visit the court’s web site HERE. I am a life-long resident of Beavercreek and I have represented the accused drunk driver in the Fairborn/Beavercreek Municipal Court since 1995.

DUI law is my passion and I dedicate my practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio.  If you find yourself in need of criminal representation in the Fairborn Municipal Court, contact me, Fairborn DUI Attorney Charles M. Rowland II, today!  You can reach me at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or 24/7 on the after-hours DUI Hotline at 937-776-2671, by texting DaytonDUI (one word) to 50500 or by visiting, or

Want more fun facts about why you should hire me for your Beavercreek DUI?

  • lifelong resident of Beavercreek, Ohio (we moved when I was three).
  • this court suspended my license for speeding when I was 17.
  • graduated from Beavercreek High School in 1988.
  • my sister was Miss Beavercreek once.
  • grew up near St. Luke’s and the “Old Country Store.”
  • left for law school in 1992 – when I came back Beavercreek had a mall… BAM!
  • represented Beavercreek Schools for two terms on their school board.
  • carved “B’CREEK” into the Great Wall of China.
  • half-owner of the beaver that sits in the Beavercreek Police Department.
  • I  know all the good places to eat in Beavercreek.
  • I’ll do a good job with your case.

Marijuana Extracts -What Are They?

00DUI, Drugs & DrivingTags: , , , ,

Marijuana Extracts

marijuana extractsMarijuana extracts are a newly popular method of use is smoking or eating different forms of THC-rich resins called. Smoking THC-rich resins extracted from the marijuana plant is on the rise. Users call this practice dabbing. People are using various forms of these extracts, such as:

  • hash oil or honey oil—a gooey liquid
  • wax or budder—a soft solid with a texture like lip balm
  • shatter—a hard, amber-colored solid

These extracts can deliver extremely large amounts of THC to users, and their use has sent some people to the emergency room. Another danger is in preparing these extracts, which usually involves butane (lighter fluid). A number of people who have used butane to make extracts at home have caused fires and explosions and have been seriously burned.

How Do Marijuana Extracts Affect The Brain?

THC acts on specific brain cell receptors that ordinarily react to natural THC-like chemicals in the brain. These natural chemicals play a role in normal brain development and function. Marijuana extracts overactivate parts of the brain that contain the highest number of these receptors. This causes the “high” that users feel. Other effects include:

  • altered senses (for example, seeing brighter colors)
  • altered sense of time
  • changes in mood
  • impaired body movement
  • difficulty with thinking and problem-solving
  • impaired memory

The police are looking for signs of impairment.  Newly trained drug recognition experts (DRE) are on patrol.  They detect and arrest cannabis users who choose to drive after using the drug. Even though you may not be under the influence of the drug, you may have a metabolite of cannabis stored in your fat cells. Ohio will punish you for having been high, not being high! If you find yourself in need of an attorney who has trained in drug recognition expert protocol, contact Charles M. Rowland II at (937) 318-1384 or on his 24/7 number (937) 776-2671.