Tag: dayton dui attorney

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.

alcohol influence report

Alcohol Influence Report – OVI Trial Strategy

00DUI Court ProcessTags: , , , ,

The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation. Most of the forms require that the officer simply check the predetermined indicator. Not surprisingly, all the officer’s observations fall neatly into these predetermined areas. The report is a document of the officers opinions and should not be considered routine ministerial reports of a non-adversarial nature. Clearly, letting the jury have this document as evidence to review in the jury room would be prejudicial to an OVI defense.

You need an attorney who can stop bad information from coming in. Here is one way to keep out the Alcohol Influence Report.

Evidence Rule 803(8) excludes the alcohol influence report from evidence. It states, in pertinent part:


(8) Public records and reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (a) the activities of the office or agency, or (b) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, unless offered by defendant, unless the sources of information or other circumstances indicate lack of trustworthiness.

Courts have found that admissions of the forms is reversible error. State v. Joyce, 1998 WL 315913 (Ohio Ct. App. 1st Dist. Hamilton County 1998); State v. Weaver, 1985 WL 4343 (Ohio Ct. App. 10th Dist. Franklin County 1985); State v. Nightwine, 1982 WL 6042 (Ohio Ct. App. 12th Dist. Preble County 1982). See also Ohio DUI Law, Weiler & Weiler 2013-2014 ed. at 439.

In need of an experienced and credentialed OVI attorney, contact Charles M. Rowland II (DaytonDUI) at (937) 318-1384.

OVI Attorney Ethics Rule 1.1 – Competence

00DUI Court ProcessTags: , , , , , , ,

What is the first ethical rule for a OVI attorney?  It iss set forth at the American Bar Association – Model Rules of Professional Conduct, Rule 1.1. This is the rule regarding competence.  It states,

“A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” 

ovi attorneyOVI cases are among the most complex because of the scientific elements of the case. As your attorney, I must be familiar with the statutory and case-made law regarding OVI. In addition I must have a working knowledge of:

  • the NHTSA standardized field sobriety testing methods,
  • the intricacies of the myriad breath testing instruments,
  • chemical testing procedures including gas chromatography and
  • how deviation from a standardized norm, be it biological, chemical or environmental can affect a field test or a blood, breath or urine test.
  • a breadth of experience pointing him to omissions in the police investigation.
  • It is of great importance to understand the unique procedural requirements of a DUI case and the coordination of a cadre of potential expert witnesses.  It requires training, experience and sustained study to master.

Frequently, an attorney devotes a major portion of his or her practice to OVI defense.  My motto is, “All I do is DUI defense.”  I received a great deal of  advanced training.  I trained in the NHTSA Student Manual, the ARIDE program, the Drug Recognition Expert protocol, and have achieved proficiency as a Forensic Sobriety Assessment professional. In addition, I received certification on the BAC DataMaster and the Intoxilyzer 8000 breath test machines.  I attend OVI specific Continuing Legal Education classes and advanced DUI seminars. While I also teach OVI seminars, I also attend workshops put on by the National College for DUI Defense , the American Association of Premier DUI and the National DUI Lawyers Association. In conclusion, I am committed to OVI defense.

My experience helps me find issues to use in your defense.  Therefore, I Do not take your case lightly.  Because the charges are so harsh, I work harder to defend your interests. Due to the severity, you should invest in an attorney who has the skill set that can give you a chance to win your OVI case. I work hard because it matters.   So, If you need such a OVI attorney, give me a call at (937) 318-1384.

Call Dayton OVI Attorney Charles M. Rowland today!
OVI checkpoint

How Does Ohio Spend Federal Grant Money On OVI?

00DUI Penalties, Other Areas & Interests, VideoTags: , , , , , , , ,

Earlier this week I gave you a breakdown of the grant money received by Ohio in fiscal year 2015 from various federal grant programs. As you will recall the total was a whopping $18,020,292.  Of that money, $5,028,774 was received by Ohio in FY 2015 to fight OVI. This post will focus on the Section 405(d) grants that are specifically targeting impaired drivers.

Under the federal program (SAFETEA-LU), Ohio was eligible for this grant in one of two ways: More info