Tag: dayton-duiattorney

Dayton DUI Answers The Question, “Should I Blow?”

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To blow or not to blow, that is the question.  Unfortunately, the answer is “maybe” and 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.

a. I am an Ohio license holder, 21 years or older; AND

b. 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

c. I do not have a commercial driver’s license (CDL); AND

d. No matter where I currently have a license to drive, I have had no prior drunk driving convictions or deferred pleas for DUI in ANY state within 6 years (from the date of conviction until now).

Refusing a chemical test can result in harsh penalties which includes a one-year license suspension, but 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.

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.

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.Immediate help is available by filling out the CONTACT form on any of these pages.  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@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.


DUI Breath Test Defense: Core Body Temperature as a Defense to a Breath Test

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English: Galileo Thermometer detail. Français ...

The cornerstone of evidential breath testing is the scientific principle called Henry’s law, named after pioneering chemist William Henry in 1803.  Henry’s Law states,

At a constant temperature, the amount of a given gas that dissolves in a given type and volume of liquid is directly proportional to the partial pressure of that gas in equilibrium with that liquid.

In evidential breath testing, Henry’s Law allows the machine to assume it can measure the alcohol (ethanol)  in your breath as a ratio to the ethanol in your blood.  That is why the machine requires you to blow for a long time, so that the machine can  “guess” that it is measuring the air closest to your blood which is found deep in your lungs alveolar sacs.  (See also,  my article entitled The Long Blow Breath Test Defense).

The operation of Henry’s law is also vital to the proper calibration of the machine as the influence of temperature on the operation of the scientific principle of  Henry’s Law is well documented.  So an incorrect assumption about the core body temperature can have a dramatic effect on an evidential breath test. 34 Degrees Celcius is the accepted temperature used for breath testing purposes.  How did we settle on 34 degrees?  In 1950, Drager, the pioneering breathalyzer company, adopted 34 degrees which was universally accepted as the standard.  The only problem with this was that Drager only tested 6 people in their study which formed the basis of this standard.  Later studies tell us this is wrong. (See Schoknect, 1995 adopting 35 degrees as a standard using a subject pool of 700 people and Hlastala 1998).

Why is temperature important?  Science tells us that a higher core body temperature will increase the BrAC and a lower core body temperature will lower the BrAC.  International Association for Chemical Testing, IACT Newsletter, Vol. 9, No. 2, July 1998, Dale A. Capenter Ph.D. & James A. Buttram, Ph.D. as cited by James Nesci, Esq. An 8.62% increase for each degree C increase in core body temperature and a 6.8% decrease per degree C in core body temperature has been reported (Fox & Hayward 1989, Fox & Hayward 1987 via Drunk Driving Defense, 6th Ed., Taylor).  The scientists concluded, “[t]here findings support the notion of making some kind of temperature control in connection with evidential breath testing and if necessary a correction to the result.” Psysiological Aspects of Breath Alcohol Measurement, Alcohol Drugs & Driving, Vol. 6, No. 2, A.W. Jones.  Therefore, it is imperative that the body temperature is known.  Breath testing procedures that do not require measurement of body temperature are an inaccurate means of determining level of intoxication

We also know that temperature variations can occur amongst individuals during the course of the day, from one person to another, and can be dramatically affected by illness, exertion or trauma.  Women also have a temperature variation of about 1°C with the menstrual cycle.  Tell your attorney anything that may have affected your core temperature at or near the time of arrest.  Were you sweating profusely?  Were you suffering from a fever?  Were you sitting in front of a heater on full blast?  Did you run or have your heart race?

Dayton/Springfield  DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  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) or visit www.DaytonDUI.com.  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 @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.


Defending The Accusation Of Slurred Speech (by DaytonDUI)

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A very common observation by law enforcement in an impaired driving investigation is the presence of “slurred speech.”  Experience trial counsel will look to the totality of evidence to combat the damning accusation of slurred speech.

Many traffic stops are now captured on video tape.  As the quality of the recordings has improved we are often able to hear exactly what the officer is hearing.  Reasonable people can disagree as to whether or not the speech on a video is “slurred” and whether or not it was fair for the officer to describe the speech as slurred.  Another, more subtle method is to cross-examine the officer on his or her ability to obtain evidence based on the suspect’s answers.  It is logical to conclude that the suspect’s speech was not so slurred that the officer was not able to gather evidence. Another point that can be made is that the officer notes impaired speech at the one and only location the officer  is trained to note it in his or her training.  And at no other time does the speech appear in the officer’s report.  This evidence of absence is enhanced if the jury is given a narrative that the officer was rushing to confirm an erroneous conclusion that the suspect was impaired.

It is also fair to point out that there are other causes of slurred speech besides intoxication.  The medical term for slurred speech is  ‘dysarthria’ and, like other clues of impairment, can be attributable to multiple causes.  Being pulled over by law enforcement is a very stressful situation.  According to the medical site Health Guidance, slurred speech can be caused or enhanced by anxiety.


If you have ever been in a highly stressful situation then you might have noticed it becoming increasingly difficult to get your words out (which doesn’t help). This is a result of stress hormones and can be particularly bad in cases of anxiety disorder.

Another argument that can be used to combat the accusation of slurred speech is that the officer has no “baseline” observation upon which to base an accusation.  This is likely the first, and only, opportunity that the officer has to speak with the suspect.  As one client testified in court, “He just don’t know that’s how I talk.”  People who are familiar with the suspects speech pattern may be called to testify.  They can refute the accusation by offering their opinion on whether or not the suspect’s speech was impaired.  The DaytonDUI app which is available (for free) on Android has a function that will allow an accused driver to make a contemporaneous recording.  This recording will serve as a record of the defendant’s voice and can be used in court to fight the charge of DUI.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, SpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsBeavercreekCenterville, Springboro, Franklin and throughout Ohio.  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 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 @DaytonDUI or Get Twitterupdates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui and 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.

Arrested for OVI in Miamisburg, Ohio?

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This is the entrace to the Miamisburg Municipal Court.  The Judge is the Honorable Robert Rettich. His jurisdiction includes the cities of Miamisburg, Germantown, West Carrollton and Miami and German Townships.  The Court is located inside the Miamisburg Civic Center at 101 N. First St., Miamisburg, Ohio. The court can be found online at www.MiamisburgCourts.com or, for DUI/OVI inquiries, by phone at 937-866-2203.  Charles M. Rowland II regularly appears in this court, and courts throughout the Miami Valley.  For representation in the Miamisburg Municipal Court please contact Charles M. Rowland II at 937-318-1DUI (318-1384) or visit www.MiamisburgDUI.com.

Arrested for OVI in Springfield, Ohio?

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Springfield DUI Attorney Charles M. Rowland II

If you have been arrested for OVI in Springfield, Ohio, your misdemeanor OVI case will be heard in the Clark County Municipal Court.   If you need to find information about a case in theClark County  Municipal Court you can search HERE for case information/case look-up,  or visit the court’s web siteHERE.

Charles M. Rowland II has represented the accused drunk driver in Springfieldand the Clark County Municipal Court since 1995.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials forOVI attorneys in the state of Ohio.  If you find yourself in need of criminal representation in theClark County Municipal Court, contact Springfield DUI Attorney Charles M. Rowland II today!

Charles M. Rowland II dedicates his practice to representing the accused drunk driver in Dayton and throughout the Miami Valley.  He regularly appears in theFairborn Municipal CourtBeavercreek Municipal CourtClark County Municipal CourtKettering Municipal CourtDayton Municipal  CourtMiamisburg Municipal CourtXenia Municipal CourtVandalia Municipal CourtMontgomery County Municipal Court Eastern Division (Huber Heights), Montgomery County Municipal Court Western Division (New Lebanon), and in other courts throughout Ohio.