Dayton DUI attorney Charles M. Rowland II appears on Fox 45 News providing expert commentary on the state of Ohio DUI law (now called OVI, operating a vehicle impaired). Contact Charles Rowland at 937-318-1DUI or visit www.DaytonDUI.com
Archive for September, 2010
Dayton DUI; Appearing on Fox45 Dayton’s New Source
September 30th, 2010Portable Breath Test Devices Can Produce Falsely High Tests
September 28th, 2010
According to the National Highway Transportation Safety Administration (Student Manual HS178 R2/06), a Portable Breath Test Device may produce an artificially high reading. The government document is clear: “PBT instruments have accuracy limitations.” (VII-8). The NHTSA manual goes on to set forth “two common factors that tend to produce high results on a PBT. The PBT is often seen in Underage Consumption cases and in Boating Under the Influence (BUI) cases as they provide probable cause for an arrest.
Residual mouth alcohol. After a person takes a drink, some of the alcohol will remain in the mouth tissues. If the person exhales soon after drinking, the breath sample will pick up some of this left-over mouth alcohol. In this case, the breath sample will contain an additional amount of alcohol and the test result will be higher than the true BAC.
It takes approximately 15 minutes for the residual alcohol to evaporate from the mouth.
The only sure way to eliminate this factor is to make sure the suspect does not take any alcohol for at least 15 to 20 minutes before conducting a breath test. Remember, too, that most mouthwashes, breath sprays, cough syrups, etc., contain alcohol and will produce residual mouth alcohol. Therefore, it at least 15 to 20 minutes prior to testing.
Breath Contaminants. Some types of preliminary breath tests might react to certain substances other than alcohol. For example, substances such as ether, chloroform, acetone, acetaldehyde and cigarette smoke conceivably could produce a positive reaction on certain devices. If so, the test would be contaminated and its result would be higher than the true BAC. Normal characteristics of breath samples, such as halitosis, food odors, etc., do not affect accuracy.
If you are stopped on suspicion of drunk driving anywhere in the Miami Valley, Dayton DUI lawyer Charles M. Rowland II has the credentials to fight your case. Contact Dayton OVI lawyer Charles Rowland by calling 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), by texting DaytonDUI (one word) to 50500 or by “liking” Dayton DUI/OVI Defense on Facebook or @DaytonDUI on Twitter. Charles Rowland says, “All I do is DUI.”
OVI Checkpoint Update (Sept. 24th)
September 24th, 2010
We have checked with WHIO, the Dayton Daily News, Springfield News Sun, Ohio State Highway Patrol (Clark), Ohio State Highway Patrol (Greene), Ohio State Highway Patrol (Montgomery). Our sources reveal no checkpoints in the Miami Valley.
If you are stopped on suspicion of drunk driving, contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263). For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500. Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense. You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.
OVI Update: When is Late Too Late?
September 21st, 2010
In State v. Bower, 2010-Ohio-4420, Defendant Dustin Bowers was arrested for OVI (drunk driving) and a chemical test of his breath resulted in a BAC reading of .085. He was given appointed counsel on September 11, 2010 and counsel filed for discovery pursuant to Crim.R. 16. It was not until November 9, 2010 (62 days after the arraignment) that counsel filed for leave to file a motion to suppress. The Court denied leave and the Defendant was found guilty. Defendant appealed and the 5th Dist. Ct. of Appeals denied his appeal. The court reasoned that it will not disturb the court’s ruling absent an abuse of discretion.
Pursuant to Crim.R.12(D), all pre-trial motions must be filed within 35 days of the arraignment. This puts the Ohio OVI lawyer between a rock and a hard place. If no motion is filed, then your client loses his/her opportunity to prevent improper evidence from coming before the jury. If, however, you file a motion in every case, court’s may discount (and in some cases dismiss) your motions because they are not specific. See Related: Trial Attorney Toolkit -Motion in Limine; DUI Motion to Suppress; Who has the burden of going forward?; It is incumbent upon the attorney to protect his client by walking this procedural minefield.
This decision places great emphasis on hiring an Ohio OVI attorney who is fully aware of what is required to protect and defend you. Charles M. Rowland II dedicates his practice to defending the accused drunk driver. If you are in need of counsel, contact Charles Rowland at (937) 318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263) or visit www.DaytonDUI.com.
Repeat Offenders: Increased Penalties for Multiple OVIs in Ohio
September 20th, 2010
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A second offense OVI in Ohio will result in mandatory “party plates,” ignition interlock devises, a mandatory one year license suspension, mandatory drug/alcohol treatment and increases the mandatory incarceration period to ten (10) consecutive days minimum. In addition, your vehicle will be immobilized (“clubbed”) for 90 days. If you blow above a .17 or refuse to take the chemical test having had a prior offense within the past twenty (20) years, you will face a twenty (20) day mandatory incarceration period. All second OVI offenses in Ohio are classified as a first degree misdemeanors.
On a third offense OVI (under .17), in addition to the penalties above, the mandatory incarceration period is raised to thirty (30) days and your car (if registered in your name) will be forfeited. On a third low-tier OVI (under .17) you will have a mandatory fine of $850. If over .17, or if you have a two refusals in the last twenty (20) years, you face sixty (60) days of mandatory incarceration. A third offense DUI (hi-tier and low-tier) is an unclassified misdemeanor.
A fourth offense OVI becomes a felony (F-4), and raises the minimum fine to $1,350 for tests below a .17. Incarceration in a local facility (not prison) is permitted, but must be served for a minimum of sixty (60) days. A high-tier (SUPER-DUI >.17) carries a 120 day mandatory incarceration period.
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 under suspension at the time of the offense. Aggravated vehicular homicide when impaired as defined in R.C. 4511.19 is a second degree felony which rises to a first degree felony if the driver was under suspension at the time of the offense. Penalties include mandatory prison terms with a penalty of up to 10 years in prison and a $20,000 fine for the 1st degree felony and prison up to 8 years and a fine up to $15,000 for the 2nd degree felony.
For a previous post on aggravated vehicular homicide, please visit HERE.
For a previous post on aggravated vehicular assault and vehicular assault, please visit HERE.
See the following PENALTY CHART which is maintained by the honorable Jennifer P. Weiler in her work with the Ohio Supreme Court Judicial College.
If you are stopped on suspicion of drunk driving, contact Dayton DUI defense attorney Charles Rowland today at 937-318-1DUI (318-1384); 1-888-ROWLAND (888-769-5263); by texting DaytonDUI (one word) to 50500 or by visiting www.DaytonDUI.com.
