Tag Archives: dui law

A Physical Control Conviction Is Not A Prior Offense

physical controlA physical control conviction does not count as a “prior offense” for purposes of enhancement.  This principle is spelled out in case law and in statute.  R.C. 4511.181 sets forth the offenses that count as prior convictions.  It does not list a violation of physical control (R.C. 4511.194) as a predicate offense.  It does not matter if the prior conviction  was charged under R.C. 4511.194 or as a violation of a municipal ordinance. This is set forth at [Read the full post. . .]

Holiday DUI Blitz Begins December 6th

holiday dui blitzThe Ohio State Highway Patrol announced its annual “Holiday DUI Blitz.”  The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol and intelligence sharing.

The holiday dui  initiative will take place from Friday, December 5 at 12:01 a.m. through Sunday, December 7 at 11:59 p.m. This high-visibility enforcement effort will include the Indiana State Police, Kentucky State Police, Michigan [Read the full post. . .]

OVI Law: Elimination of Alcohol By Oxidation

ovi lawOVI law requires an understanding of how alcohol enters, affects and exits the body.  Here is a brief overview of the elimination process.

Alcohol exits the human body by being oxidized by a number of very important enzymes.  Foremost among these enzymes are ADH (alcohol dehydrogenase) and ALDH (aldehyde dehydrogenase).  Over 90% of the ingested alcohol is oxidized in the liver.  The remaining 10% is excreted via the breath (.07%), the urine (.03%) and sweat (.01%). [Master, S., Chapter 23: [Read the full post. . .]

What Is A Horizontal Gaze Nystagmus Test?

What is the Horizontal Gaze Nystagmus Test?

Horizontal Gaze Nystagmus TestAlcohol is a central nervous system depressant affecting many of the higher as well as lower motor control systems of the body. This results in poor motor coordination, sluggish reflexes, and emotional instability. The part of the nervous system that fine-tunes and controls hand movements and body posture also controls eye movements. When intoxicated, a person’s nervous system will display a breakdown in the smooth and accurate control of eye movements. This breakdown [Read the full post. . .]

Are DUI Laws A Sophisticated Form Of Gaslighting?

dui lawsHow does “gaslighting” relate to Ohio DUI laws?

In the 1944 film Gaslight, Ingrid Bergman’s character  Paula Alquist Anton meets and marries the charming Gregory Anton played by Charles Boyer.  The husband does everything in his power to isolate his wife from other people. He allows her neither to go out nor to have visitors, implying that he is doing so for her own good, because her nerves have been acting up, causing her to become a kleptomaniac and [Read the full post. . .]