Tag Archives: DUI attorney

personal contact phase

When Stopped On Suspicion of DUI – Should I Blow?

should I blowWhen you are stopped on suspicion of DUI the question becomes – “Should I Blow?”  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.

  1. Iaman Ohio license holder, 21 years or older; AND
  2. I wasnotinvolved in an accident involving possible death or to serious injury to ANYBODY, even members of my family, pedestrians or passengers; AND
  3. I do not have a commercial driver’s license (CDL);AND
  4. 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).

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.

Should I 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.

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.”

To learn more about the question, Should I Blow, check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

Keywords: Should I Blow

The Importance of the Burden of Proof

burden of proofWe want our judges to stand up for the highest tenets of justice and apply the burden of proof in a fair and impartial way – especially when the pressure is on.  Here is a very pertinent quote from the Charlotte Observer.

The law presumes every citizen innocent, even when charged with DWI. A judge violates the judicial oath when he or she presumes that a citizen charged with DWI is guilty, gives greater weight to the state’s evidence, is predisposed to find for the state, or looks for ways to assist the state in the prosecution of a case. Judges with high conviction rates are NOT fair and impartial but proxies for the prosecution or result-oriented interest groups.

The law imposes the highest burden of proof in criminal matters — proof beyond a reasonable doubt of every element of the offense. Judges who lower this high burden in DWI cases make it probable that innocent people will be convicted, robbed of their liberty, their property, and their rights. When we permit or encourage judges to lower the burden of proof, we embark upon a slippery slope where expediency and results, rather than justice and law, guide decisions.

Source: Rawls, Eben. The Intoxilyzer isn’t perfect: Judges in DWI trials must stand for justice despite pressure from public. Charlotte Observer, August 20, 2004.

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 the burden of proof check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg,Huber HeightsOakwoodBeavercreekCenterville

 

 

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

 

Determining Probable Cause For An OVI Offense

probable causeA warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974).  In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller,  117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 Ohio App.3d 109, 534 N.E.2d 906 (2nd Dist. Court of Appeals, Montgomery County 1987). “[B]ecause of the mosaic which is analyzed for a …probable cause inquiry is multi-faceted, ‘one determination is seldom useful precedent for another.'” State v. Anez, 108 Ohio Misc.2d 18, 27, 738 N.E.2d 491 (2000) citing Ornelas v. United States, 517 U.S. 690, 698, 116 S.Ct. 1657, 1663, (1996) quoting Illinois v. Gates, 462 U.S. 213, 280, 103 S.Ct. 2317, 2332 (1983).

In an OVI case filed pursuant to O.R.C. 4511.19, the court must consider the following in making a determination:

  1. whether at the moment of arrest;
  2. the police had sufficient information
  3. derived from a reasonably trustworthy source of the facts and circumstances
  4. sufficient to cause a prudent person to believe
  5. that the suspect was driving under the influence

These factors are set forth at State v. Homan, 89 Ohio St. 3d 421, 427, 2000-Ohio-212, 732 N.E.2d 952 (2000), superseded by statute, State v. Bozcar, 2007-Ohio-1251, 113 Ohio St.3d 148, 863 N.E.2d 155 (2008) citing Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225 (1964); State v. Timson, 38 Ohio St.2d 122, 127, 311 N.E.2d 16 (1974).  It is clear from these cases that probable cause is a high standard that the government must meet in order to prosecute an OVI offense.

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.”

To learn more about probable cause contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

A Motion To Suppress Is Vital In An Ohio DUI Case

motion to suppressIn State v. French, 72 Ohio St. 3d 446, 1995-Ohio-32, 646 N.E. 2d 887 (1995), the Ohio Supreme Court held that a pretrial motion to suppress is the only way to challenge the admissibility of a chemical test.  If not filed, the results will be automatically admissible at trial.  The prosecuting attorney will not need to lay a foundation and any objection by the defense as to their admission will be overruled by the judge.  This makes choosing an experienced DUI attorney vital to your case as they will know what to challenge in a pretrial suppression motion.

A motion to suppress is one of the most important tools in a DUI attorney’s arsenal. It’s purpose is to render “the state’s proof … so weak in its entirety that any reasonable possibility of effective prosecution has been destroyed.” State v. Davidson, 17 Ohio St.3d 132, 135, 477 N.E.2d 1141 (1985). If successful, a motion will likely end the case in favor of the defendant.

The motion is the defendant’s challenge to crucial aspects of the State’s case, which may include challenges to:

  • the reason for the initial police contact;
  • the reason for asking the defendant to exit the car;
  • the reason for administering the standardized field sobriety tests;
  • the administration of the field sobriety tests;
  • the 20 minute observation period before the chemical test;
  • the administration and time frame of the chemical test; and
  • the results of the chemical test.

Ancillary benefits of a motion to suppress include the ability to see and hear the officer testify about the arrest. The officer may be an exceptionally good or bad witness. The state may or may not choose to pursue certain aspects of the case based on the testimony. Further, the motion hearing may prove to be a valuable discovery tool. From a purely strategic standpoint, a motion to suppress demonstrates to the State that you are committed to your client’s position and will do whatever it takes to prevent a DUI conviction.

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 about a motion to suppress contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville