Tag: arrested for dui in ohio

Ohio DUI Law: The Hematocrit Defense

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English: Two drops of blood are shown with a b...

How bloody is your blood?  The hematocrit is the number expressing the cell volume of blood (the size and number of red blood cells in proportion to the rest of the blood).  As humans, we all have a natural variation in our hematocrit.  Healthy men have a natural variance from 40.7% to 50% and healthy women have a natural variance from 36.1% to 44.3%.  The hematocrit level is a moving target.  Illness, hydration and stress can cause variations in the hematocrit level.

The hematocrit level affects all breath tests by governing how much alcohol may be contained in the blood and, in turn, how much will pass into the breath. See Nesci, How to Beat a DUI, 2008 ed., p. 57.  Under the best of conditions, normal hematocrit ratios will lead to a +/-5% difference in a breath test result.  Let’s pause for a moment to contemplate this fact.  Would you accept this degree of error from your bank? “We know you asked for $10,000.00, but giving you $9,500 is within our margin of error.”

Breath testing machines do not have built in mechanisms for detecting and stabilizing hematocrit levels.  The machine is forced to use an assumed hematocrit level of 45% (averaging the male average of 47% and the female average of 42%).  As we have seen above, this builds in a bias against the average female test subject who has a lower hematocrit average and may, in fact have a wildly lower hematocrit level than that assumed by the machine.  So what does this mean for women?  A person with a lower hematocrit level will have a falsely high BAC reading. See Alcohol Problems and Solutions, David J. Hanson, PhD., Breath Analyzer Accuracy.  As one writer observed,

Breath testing, as currently used, is a very inaccurate method for measuring BAC. Even if the breath testing instrument is working perfectly, physiological variables prevent early reasonable accuracy….Breath testing for alcohol using a single test instrument, should not be used for scientific, medical or legal purposes where accuracy is important. Hlastula, M. Physiological errors associated with alcohol breath tests . The Champion, 1985, 9(6). Quoted in Taylor, L. Drunk Driving Defense. New York: Aspen Law and Business, 5th edition, 2000.

Another area that is affected by the machines built-in assumptions are tests done on people suffering from anemia.  Anemia is a condition in which your blood has a lower than normal number of red blood cells.  If you have anemia, your body doesn’t get enough oxygen-rich blood.  The body compensates by putting replacing the red blood cells with blood plasma.  Alcohol has more of an affinity for the plasma because it is liquid (as opposed to the solid red blood cells).  It follows that the higher the ratio of liquid to solids in the blood (called the hematocrit), the higher the amount of alcohol in the blood — and the higher will be the reading on the breathalyzer. Id. See also HERE.

 Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDayton,SpringfieldKetteringVandaliaXeniaMiamisburgSpringboroHuber HeightsOakwood,BeavercreekCenterville and throughout Ohio.  He is counsel to Miami Valley NORML and a speaker for LEAP (Law Enforcement Against Prohibition).  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebookand on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at:CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Out of State DUI Consequences

00Driving Under Suspension, DUI & College, DUI & Driving Privileges, DUI & Military Issues, DUI Out-of-State, DUI Penalties, DUI Trucking & CDL, Ohio Traffic LawTags: , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Question: I was visiting Ohio when I received an OVI charge; what will happen to my out-of-state license?

Ohio (and 45 other states) are members of the Driver’s License Compact, an agreement wherein member States communicate the fact of a conviction for DUI to the “Home State”. The “Home State” then takes action against the licensee under its own laws. Forty-five States are currently members of the Interstate Compact.  Michigan and Wisconsin are not part of the DLC.   Under all but a few geographical exceptions, it will be impossible for an out of State resident to avoid serious consequences in their home state.  Many out-of-state residents mistakenly assume that their license will remain valid in their home State even if they lose their right to drive in Ohio. Under the registry, (All 50 States) any State that suspends your license must input the suspension into the Registry’s computer databank. Every member State is required to check the registry’s databank whenever a person seeks to have his license renewed or applies for a new license, and are required to deny the license if there is an out of state suspension.

Due to our proximity to Wright Patterson Air Force Base, we have been dealing with out-of-state DUI issues for a long time.  We are able to obtain driving privileges and avoid problems by aggressively fighting the DUI in Ohio.  Often, a reckless operation or physical control violation will have far fewer ramifications on your “home state” license than a conviction for drunk driving.  If you face the possibility of losing your license contact Dayton DUI lawyer Charles M. Rowland immediately at (937) 318-1DUI or 1-888-ROWLAND.

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Great Job Ohio!

00Ohio Traffic LawTags: , , , , , , , , , , , , , , , , , , , , , , , ,

59% fatal crash reduction during 2010 Labor Day Weekend

The Ohio State Highway Patrol released provisional Labor Day fatal crash statistics what show seven people were killed in seven fatal crashes during the holiday reporting period of Friday, September 4 at 6 p.m. through Monday, September 6 at 11:59 p.m. Of these seven fatal crashes on only one is believed to be alcohol-related. During the same reporting period last year, 17 lives were lost on Ohio roadways – of which seven were alcohol-related.  OVI (formerly DUI) arrests were down 9.9% in 2010 despite an increase of 17.2% in enforcement.  A copy of the Holiday recap can be downloaded at www.statepatrol.ohio.gov.

If you find yourself in need of an OVI attorney in Dayton, Ohio, or anywhere in the Miami Valley,  CONTACT Ohio DUI lawyer Charles M. Rowland II at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or text DaytonDUI (one word) to 50500. Follow DaytonDUI on Twitter @DaytonDUI. Charles M. Rowland and  www.DaytonDUI.com has proudly served the Miami Valley for over 15 years. “ALL I DO IS DUI DEFENSE”

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Ohio OVI and Commercial Drivers

00DUI & ALS Suspensions, DUI & Driving Privileges, DUI Trucking & CDL, Ohio Traffic LawTags: , , , , , , , , , , , , , , , , , , , ,

”But I was in my own car, on my own time!”

US truck - California 2007

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If you have a commercial driver’s license an Ohio DUI charge can have devastating effects on your career.  Often clients who hold a commercial driver’s license fail to understand that Ohio’s OVI laws can affect your livelihood even if you receive a drunk driving charge while you are not operating a commercial vehicle.  If you plead guilty, or are found guilty, of an OVI (drunk driving) offense your commercial driver’s license will be taken away for one year.  If you are a second-time OVI offender, an Ohio OVI will result in an indefinite revocation of your CDL.  What is more, a court cannot give you privileges to operate a commercial vehicle while the case is pending and that a CDL suspension is in addition to any suspension that the court may impose.  If you drive for a living these penalties can be devastating for you and your family.  If you have been arrested for DUI in Ohio and you have a commercial driver’s license contact Charles M. Rowland II right away!

“My dad was a driver. He hauled coal.  I don’t know what our family would have done if he was unable to drive.  I know and understand how to handle your case and get you back on the road.  Call me today at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263) or visit me at www.DaytonDUI.com.  All I do is DUI defense.”

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