Tag Archives: Blood alcohol content

Alcohol And Your Body: A Primer

alcoholAbout 20% of the alcohol (actually the impairing substance is ethanol) in your beverage is absorbed in the stomach and the remaining 80% is absorbed in the small intestine.  How fast it is absorbed is dependent on various factors.

  • The higher the percentage in the beverage, the faster the absorption;
  • Are you mixing? Carbonated beverages tend to speed up absorption;
  • Hungry? Food in your stomach slows down the absorption;

When it is absorbed it looks for the water in your blood and body.  Fat does not matter as ethanol does not dissolve in fat. The inebriating effects are present when the concentration in the blood reaches an impairing point. That is why we talk about a prohibited blood alcohol concentration (BAC).  It is common for the BAC to rise significantly within 20 minutes of having your first drink.  BAC can continue to rise for a period of time after the last drink is consumed.  The rate at which ethanol in the beverage  is metabolized is the same for virtually everyone regardless of their height, weight, sex, race or other such characteristics.  Alcoholic beverages don’t discriminate.  It is metabolized at the rate of .015 of (BAC) every hour. Carroll, Charles R. Drugs in Modern Society. Boston: McGraw-Hill, 2000 (fifth edition).  To avoid hangovers keep BAC low, no higher than about .05 to .06.  See How Alcohol Afects Us: The Biphasic Curve (http://www2.potsdam.edu/hansondj/HealthIssues/1100827422.html).

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  Email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

For more information on alcohol and your body check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg,Huber HeightsOakwoodBeavercreekCenterville

 

We Know Who The Dangerous Drunk Drivers Are!

drunk driversWe know who the dangerous drunk drivers are.  According to the National Hardcore Drunk Driving Project:

Hardcore drunken drivers are those who drive with a high blood alcohol concentration (BAC) of .15 or above or who do so repeatedly, as demonstrated by having more than one impaired driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment or education.

We also know how dangerous these people can be.

Hardcore drunk drivers are responsible for 70% of all drunk driving fatalities and are 380 times more likely to be involved in a fatal crash. Drivers with blood alcohol concentration levels in excess of .15 are only one percent of all drivers on weekend nights; however, they are involved in nearly 50% of all fatal crashes during that time.

Now that we know we are certainly focusing our attention on these drivers… right? No.  The national debate over drunk driving laws includes a push by MADD and their government friends at the National Highway Traffic Safety Administration to require states to force even first-time offenders to install intrusive cameras and breath machines in their cars.  Along with their friends in the insurance industry, MADD is pushing for the requirement that ALL cars be fitted with an alcohol monitoring system call DADSS (Driver Alcohol Detection System for Safety).  MADD has also let its neo-prohibitionist freak flag fly by supporting the lowering of the BAC to .05% and shifting its focus away from its traditional mission to that of preventing underage consumption of alcohol. Have our thought leaders and policy makers given over to political stunts on the misguided theory that we can arrest our way to zero drunk driving fatalities?  What else but “policing for revenue” could justify lowering the BAC limit, keeping the drinking age at 21 and continued failed policies like OVI checkpoints?

I have my arguments with the approaches taken by the National Hardcore Drunk Driver Project, but I like their approach to identify and target hardcore drunk drivers for the bulk of the enforcement.  It makes sense – target the people who are likely to reoffend and make sure they can’t hurt people.  You can check out some of their ideas below.

FOR JUDGES:

FOR PROSECUTORS:

FOR PROBATION AND PAROLE PROFESSIONALS:

> FOR LAW ENFORCEMENT:http://responsibility.org/implementation-alcohol-interlocks

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  Email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

I represent accused drunk drivers check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg,Huber HeightsOakwoodBeavercreekCenterville

 

Judges Express Concerns Over Ignition Interlock Implementation

2004 model of an ignition-interlock breath ana...

As Ohio is contemplating “Annie’s Law” which would require Ignition Interlock Devices for every first-time OVI offender, it is important to look at how implementation went in other states.  The National Highway Traffic Safety Administration recently released a report on Arizona’s adoption of the law. DOT HS 812 025, Ignition Interlock: An Investigation into Rural Arizona Judges’ Perceptions, Fred Cheesman, Matthew Kleiman, Cynthia G. Lee, and Kathryn Holt (May, 2014).   In 2007, Arizona became the second state in the nation to require all first-time drunk driving offenders to equip their vehicles with ignition interlock devices. The first was Arizona’s neighbor New Mexico, which implemented a one-year interlock requirement for first-time offenders in 2005.

First some context on the timing of the Arizona law.  What we find in this report is that the ignition interlock implementation was started in the middle of a downward trend.  “There is also a decreasing trend in the percent of these fatalities that were alcohol-related (BAC of .01 and higher). The trend is obvious from the first data point in 1982 to the last in 2010, when the percentage dropped from 58% to 42% respectively. The trend began well before the legislation was implemented in 2007.” Id. at 4-5.   A similar trend can also be noted for alcohol-impaired driving fatalities (i.e., fatalities wherein the driver had a BAC of .08 or higher), for which the percentage dropped from 52% in 1982 to 36% in 2010.  This provides a context for the claims of the interlock proponents who use these statistics in a deceptive way to show a causal relationship between implementation of the interlock law and the drop in fatalities. Id. at 4-5.

The report details how rural Arizona judges were given a lengthy “education” session about the law by interlock proponents prior to being asked their opinion of the law.  Despite intense indoctrination, some judges still had concerns.

“Many of the judges indicated that it is difficult for DUI offenders to have ignition interlock devices installed in their vehicles. Most of the rural jurisdictions do not have a vendor that services their locality. Instead, offenders are forced to drive 50 to 150 miles, each way, to providers who are in the nearest ‘large’ town or city. The judges pointed out that this is a challenge for many rural defendants who may have cars that are operationally unreliable. The end result is that some defendants are not obtaining the interlock device and are being arrested for driving with a suspended license.” Id. at 19-20.

Other judges expressed concern about the costs associated with a first offense.

Several judges expressed their concern that the monetary expense of the sanctions make it difficult for rural defendants to comply. “We are a very poor rural county and I think the requirement is good, but there are definitely financial and logistical barriers.” Id. at 21.

The judges even found a way to voice concerns over the requirement of treatment for rural and poor defendants.

Additionally, a few of the judges pointed out that rural communities do not have sufficient DUI counseling centers or programs. This makes it very difficult for DUI offenders to comply with their treatment requirements. The end result is that warrants can be issued for those who do not attend their review hearings (where an offender is required to provide proof of counseling) and additional, costly jail time may be imposed. Id. at 21.

It seems that many of the judges were skeptical of the efficacy of the law and its implementation even after they have been required to use “blow to go” devices for over  seven years.

Despite the availability of information and extant training opportunities, several of the judges pointed to information gaps where they would like additional information about ignition interlock programs. Specifically, judges were interested in knowing more about:

  • What are the costs involved for installation and the monthly rates?
  • How do the ignition interlock devices work and function in practice?
  • What is the efficacy of the device? How easy or hard is it to tamper with the device?
  • What is the availability of local providers and how challenging is it for defendants to obtain the ignition interlock device in their jurisdiction?
  • Are ignition interlock devices effective as a deterrent? What studies are available that documents the effectiveness in reducing recidivism?
  • What are the rates of compliance? (Since the sanction is an administrative matter of the Motor Vehicle Department, judges would like to know how the ignition interlock requirements are being monitored and enforced).
  • Are there other areas where the technology could be used (e.g., underage drinking)?

The authors also did an interesting look into whether or not the law is resulting in more drunk driving cases being reduced.  Not surprisingly, “[t]here is clearly a general trend of increasing charge reductions in most counties, including rural counties.” Id. at 24-25.  Although they offer this caveat: “[t]his trend began well before the implementation of the 2007 legislation and does not appear to be related to it.”  Which raises the question is the harshness of the law causing prosecutors and judges to realize the crushing burdens placed on first time offenders.  In the conclusion section of the report the authors note: “Our analyses revealed that there has been a general and longstanding trend of increasing rates of charge reductions for convicted DUI offenders that began well before implementation of the 2007 legislation.” Id. at 28.

The authors, recognizing the trend toward reducing drunk driving charges, make the following recommendation. “Recommendation: Any state implementing legislation that changes penalties for DUI should investigate whether sentencing behavior (particularly charge reductions) changes in response to the legislation, to ensure fidelity of implementation.” Id. at 29. With regard to the implementation issues they make the following recommendation. “Recommendation: Any state considering requiring ignition interlock for all convicted DUI offenders should develop plans and contingencies well in advance of implementation of such a policy to ensure that citizens from rural jurisdictions, as well as from urban jurisdictions, have ready access to ignition interlock services.”

It is my hope that our legislators are looking at the costs of implementing and monitoring the law.  I hope that they take a step back and review how amazingly harsh the penalties are for first-time offenders and how many poor people are disproportionally impacted by these laws.  The vast majority of individuals charged with a first OVI do not come back into the system – this is good.  So why pass laws that will create more crime and not make the streets any safer?  I am holding out hope that Ohio will have men and women who will take the hard stance against MADD’s agenda.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

For more information on ignition interlock devices check these city-specific sites at the following links:
FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

How To Get Your License Back

get your license backOften, the most pressing question in a DUI arrest is how to get your license back!

If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breathblood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately.  This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court.  A court may not grant driving privileges for a certain period of time following the imposition of an ALS. O.R.C. 4510.13(A).  The amount of time between the imposition of the ALS suspension and the time you are eligible for limited driving privileges is called “hard time.”  How long the hard time lasts depends upon whether the person has any prior offenses and whether or not the person took the test or refused the test. Speak to your attorney at your initial consultation about how and when you will get your license back.

First Offense Midemeanor OVI Failed Chemical Test R.C. 4511.191(C): Occupational driving privileges cannot be granted during the following periods in test cases:

  • First 15 days of suspension on a first offense
  • First 30 days of suspension on a person who had a prior OVI or refusal within 6 years.
  • First 180 days for a person who has had 2 prior OVI/refusals within 6 years.
  • First 3 years of suspension on a person who had 3 or more previous OVI/refusals within 6 years

First Offense Misdemeanor OVI Refusal R.C. 4511.19(B): Occupational driving privileges cannot be granted during the following periods in refusal cases:

  • First 30 days of suspension on a first offense.
  • First 90 days of suspension on a person who had a previous refusal within 6 years.
  • First year of suspension on a person who had 2 previous refusals within 6 years.
  • First 3 years of suspension on a person who had 3 previous refusals within 6 years.
  • A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more OVI violations cannot be granted limited privileges.

One of the first conversations you should have with your OVI lawyer will involve wether or not grounds exist for an appeal of the ALS.  You will discuss the limited circumstances under which an Administrative License Suspension can be challenged.  The court must hold the administrative license suspension hearing within five days of arrest.  You only have 30 days from your arraignment to file an appeal of the Administrative License Suspension. The scope of appeal is confined to four issues:

 1. Was your arrest based on reasonable grounds? 

2. Did the officer request that you to take a test? 

3. Were you made aware of the consequences if you refused or failed the test? 

4. Did you refuse or fail the test?

Charles M. Rowland II is familiar with the case law relevant to determining if an ALS appeal would be beneficial in your case.  He will check to see if the 2255 form (the yellow piece of paper you were given) was notorized.  The BMV must receive a notarized sworn copy of the 2255.  If the form is not executed as required by law, then he can bring that to the court’s attention and request that the ALS be terminated or stayed.  It is important to discuss whether or not you were able to produce the requested sample.  If you have a verifiable medical condition the Administrative License Suspension may not be plausible in your case.  No matter what the circumstances, Charles M. Rowland II will help secure you limited driving privileges for work or for school after the HARD TIME has passed.

Much confusion is caused by the fact that the Administrative License Suspension is a pre-trial suspension generated by the Ohio Bureau of Motor Vehicles.  The warnings given by the arresting officer are misleading.  Often a client will come to our office under the misimpression that the worst case scenario will be a 90 day suspension.  If our client refused a chemical test, they believe they are condemned to a one year suspension.  This is not usually the case.  Upon a plea to a reduced charge (such as Reckless Operation) or to an OVI,  the Administrative License Suspension will be terminated and the court will impose its own suspension.   The minimum mandatory suspension for a first OVI offense is six months.  This will horrify the person who believed that they were facing 90 days, but a welcome relief to people who thought they were going to have a one year suspension.

According to the Ohio BMV, the ALS Refusal Suspension will be terminated by the registrar upon notice that:

  • The person entered a plea of guilty to OVI and the refusal suspension arose from the same incident.
  • The person entered a plea of no contest to OVI, was found guilty and the refusal suspension arose from the same incident.

To make matters even more confusing, any suspension ordered by the Court is given a “class” numerical representation and any suspension given by the Ohio Bureau of Motor Vehicles is given a “letter” designation.  Here are the lists of the different “CLASSES” of suspensions in Ohio. See R.C. 4510.02(A) and R.C. 4510.02(B).

COURT SUSPENSIONS

  • Class 1: Lifetime
  • Class 2: 3yrs to life
  • Class 3: 2 – 10yrs
  • Class 4: 1 – 5yrs
  • Class 5: 6mos. – 3yrs.
  • Class 6: 3mos – 2yrs.
  • Class 7: “a definite period” – 1yr

BMV SUSPENSIONS (Note: all for a fixed length)

  • Class A: 3 yrs
  • Class B: 2 yrs
  • Class C: 1 yr
  • Class D: 6 mos
  • Class E: 3 mos
  • Class F: until conditions are met

It is advisable that you speak with Charles Rowland at the imposition of your suspension as many courts offer programs (at little or no cost) that help you get valid.

If you need to get your license back, contact Charles M. Rowland immediately! OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 For information about how to get your license back  and other  information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Driving Privileges in The Vandalia Municipal Court

How can I obtain ALS driving privileges if my case is in the Vandalia Municipal Court?ALS Driving Privileges in the Vandalia Municipal Court  If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breathblood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately.  This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court.  A court may not grant ALS driving privileges for a certain period of time following the imposition of an ALS. O.R.C. 4510.13(A).  The amount of time between the imposition of the ALS suspension and the time you are eligible for limited ALS driving privileges is called “hard time.”  How long the hard time lasts depends upon whether the person has any prior offenses and whether or not the person took the test or refused the test.

If your misdemeanor OVI arrest took place within the jurisdiction of the Vandalia Municipal Court, you can download a petition for ALS driving privileges HERE.

A court may not grant ALS driving privileges for a certain period of time following the imposition of an ALS. O.R.C. 4510.13(A).  The amount of time between the imposition of the ALS suspension and the time you are eligible for limited ALS driving privileges is called “hard time.”  How long the hard time lasts depends upon whether the person has any prior offenses and whether or not the person took the test or refused the test.

First Offense Midemeanor OVI Failed Chemical Test R.C. 4511.191(C): Occupational driving privileges cannot be granted during the following periods in test cases:

  • First 15 days of suspension on a first offense
  • First 30 days of suspension on a person who had a prior OVI or refusal within 6 years.
  • First 180 days for a person who has had 2 prior OVI/refusals within 6 years.
  • First 3 years of suspension on a person who had 3 or more previous OVI/refusals within 6 years

First Offense Misdemeanor OVI Refusal R.C. 4511.19(B): Occupational driving privileges cannot be granted during the following periods in refusal cases:

  • First 30 days of suspension on a first offense.
  • First 90 days of suspension on a person who had a previous refusal within 6 years.
  • First year of suspension on a person who had 2 previous refusals within 6 years.
  • First 3 years of suspension on a person who had 3 previous refusals within 6 years.
  • A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more OVI violations cannot be granted limited privileges.

One of the first conversations you should have with your OVI lawyer will involve wether or not grounds exist for an appeal of the ALS.  You will discuss the limited circumstances under which an Administrative License Suspension can be challenged.  The Vandalia Municipal Court must hold the administrative license suspension hearing within five days of arrest.  You only have 30 days from your arraignment to file an appeal of the Administrative License Suspension. The scope of appeal is confined to four issues:

 1. Was your arrest based on reasonable grounds? 

2. Did the officer request that you to take a test? 

3. Were you made aware of the consequences if you refused or failed the test? 

4. Did you refuse or fail the test?

Charles M. Rowland II is familiar with the case law relevant to determining if an ALS appeal would be beneficial in your case.  He will check to see if the 2255 form (the yellow piece of paper you were given) was notorized.  The BMV must receive a notarized sworn copy of the 2255.  If the form is not executed as required by law, then he can bring that to the court’s attention and request that the ALS be terminated or stayed.  It is important to discuss whether or not you were able to produce the requested sample.  If you have a verifiable medical condition the Administrative License Suspension may not be plausible in your case.  No matter what the circumstances, Charles M. Rowland II will help secure you limited ALS driving privileges for work or for school after the HARD TIME has passed.

If you need to obtain ALS driving privileges in the Vandalia Municipal Court, contact Charles M. Rowland immediately! OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 For information about ALS driving privileges in the Vandalia Municipal Court and other  information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville