Tag: dayton ovi attorney

DUI on the Water and the Return of Boating Season

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Slalom skier

With the return of the summer boating season, many people will soon be enjoying Ohio’s beautiful lakes and rivers.  This is a reminder that Ohio is cracking down on captains who indulge in alcohol while on the water.  Boating Under the Influence is illegal in Ohio. 2001 Sub. S.B. 123, eff. 1-1-04 sought to unify the drunk driving provisions with Ohio’s boating laws.   O.R.C. 1547.11(A)(1)  to O.R.C. 1547.11(A)(6) prohibit a person from operating or being in physical control of a vessel underway or manipulating water skis, aquaplanes, or similar devices while under the influence of alcohol or drugs.

O.R.C. 1547.11(A)(1) is the impairment provision of the law, preventing operation or physical control while under the influence.  The law also has a provision preventing operation with a prohibited level of alcohol which it sets at the same prohibited level (.08) as the DUI/OVI law Unlike the DUI/OVI law, there are no high-tier provisions which apply to boating. A third section of the law prohibits operation or physical control with a concentration of certain controlled substances (marijuana, cocaine, amphetamine, et al.) or metabolites of the same.  This section of the law is identical to the DUI-drug provisions found in O.R.C. 4511.19(A)(1)(j).

Subsequent amendments to the law, 2007 Am. Sub. S.B. 17, eff. 9-30-08, allows for forced blood draws for persons with two or BUI offenses.  A BUI offense can be used to enhance a subsequent DUI/OVI  offense. O.R.C. 4511.181(A)(6)-(7).  Some important differences in Ohio’s BUI law, stem from the fact that Ohio does not require an operator’s license to operate a watercraft.  Therefore, no administrative license suspension provisions are in the law.  Instead, the chief of the Division of Watercraft gives written notice that you are prevented from operating or being in physical control of a watercraft (or from registering a watercraft) for one year from the date of the alleged violation.  Another key difference is that a fourth or subsequent BUI offense is not subject to felony enhancement.

Penalties for Boating Under the Influence offenses are set forth at O.R.C. 1547.99 and are similar to those provided for DUI/OVI offenses.  Boating Under the Influence is a first degree misdemeanor and is subject to a minimum 3-day jail sentence and a maximum 6 months in jail.  The 3-day jail sentence can be served in a qualified driver intervention program.  The minimum mandatory fine for a first BUI offense is $150.  A second offense within 6 years carries a mandatory 10 day jail sentence, but the minimum mandatory fine is still $150.  A third offense requires a minimum of 30 days in jail. NOTE: The Ohio legislature is constantly “tweaking” the Ohio DUI and BUI laws, so please check with an attorney as these laws may have changed.

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.

do not give your dog beer

Do Not Give Your Dog Beer!

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Do Not Give Your Dog Beer!

No matter how much you think your best friend may want to share a beer with you, it is not a good idea. Dogs have a much smaller liver and are incapable of processing alcohol. If the amount of alcohol overwhelms their liver it could be fatal. Having too much alcohol will cause a dog’s central nervous system to slow down their breathing and heart rate and can lead to a coma and death. Too much alcohol can make a dog’s blood to acidic which could lead to cardiac arrest. Disturbed kidney function, dehydration and low blood sugar could also cause your drunk dog massive problems. It is also a bad combination because by the time you notice impaired actions it may be too late. When you combine a dog’s diminished capacity to process alcohol with their smaller size, you have a recipe for disaster if your pet drinks a beer. If you see signs of impairment get your dog to a vet as soon as possible.

OVI, DUI, OMVI, DWI, Drunk Driving – Is There Any Difference?

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OVI, DUI, OMVI, DWI, Drunk Driving – Is There Any Difference?

ovi, omvi, dui, dwi, drunk drivingSpoiler Alert: They all mean the same thing: operating a vehicle under the influence of drug, alcohol or a combination of drugs and alcohol, in violation of Ohio Revised Code 4511.19.

Colloquially, the most common way to describe drunk driving is by referring to it as a DUI. The term DUI is universally understood and used by most national news organizations. DWI (driving while impaired) is also a ubiquitous term used to describe drunk driving. More info

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St. Patrick’s Day OVI Checkpoints Are Coming – Be Prepared

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This is a reminder to sign up for the free DaytonDUI text alerts prior to the St. Patrick’s Day OVI checkpoint onslaught.  Just text DaytonDUI (one word) to 313131 and you’re all good. We have improved the service so that it remains useful and free.  We are in the process of re-re-re-inventing the DaytonDUI app agains, so stay on the lookout.  If you need the help of an attorney 24-7 please call Charlie at DaytonDUI at (937) 776-2671. During the day call (937) 318-1384 to schedule a free consultation.