Tag: DUI Lawyer

standardized field sobriety test

“Your Drunk Tests Are Hard”

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One of the areas where a DUI attorney’s experience is most obvious is in the cross-examination of the arresting officer on the issue of the standardized field sobriety tests.  The National Highway Traffic and Safety Administration (NHTSA) was tasked with determining which tests, if any, could be correlated with impairment by alcohol. After extensive testing, NHTSA determined that three tests were specific for alcohol intoxication: the HGN (horizontal gaze nystagmus), the walk & turn test and the one leg stand test. This three-test battery are now referred to as the “standardized field sobriety tests.”

If the officer is using the non-standardized field sobriety tests to establish probable cause for an OVI arrest, he or she is on a faulty scientific and legal footing. Your DUI lawyer will challenge these tests as not probative of intoxication and that they are irrelevant for purposes of determining impairment. At least one case, Rocky River v. Horvath, 2002 WL 538755 (Ohio Ct. App. 8th Dist. Cuyahoga 2002) has decided that these non-standardized tests are improper because they have no standardized application and they have not been approved by NHTSA. [Note: this opinion was written by now-Supreme Court Justice Terrence O’Donnell]. The Second District Court of Appeals has ruled that non-standardized tests can come in under the totality of the circumstances used to reach a probable cause determination. State v. Rajehel, 2003-Ohio-3975. The Ohio Supreme Court has ruled that the tests may be used as lay evidence of intoxication. Brooklyn Hts. v. Yee, 2009-Ohio-4552.

Defending Against Poor Standardized Field Sobriety Tests

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Failing the Roadside Field Sobriety Tests Is Not Conclusive

In this short video, available at the Dayton DUI YouTube channel, I give an important analogy about interpreting the Standardized Field Sobriety Tests given as part of most DUI arrests. Without proper context, you can be made to appear drunk and have your performance used against you.

If you find yourself accused of drunk driving, contact DUI attorney Charles M. Rowland II today.

skilled dui attorney

Thinking of Pleading Guilty? Talk With A Skilled DUI Attorney First!

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How Can Having A Skilled DUI Attorney Help? 

Even if you think you are guilty and just want to “get it over with,” you should still consider consulting with a skilled DUI attorney. We speak with people all the time who find themselves in terrible positions because, being motivated by shame and humiliation, they went in and let the court sentence them without the benefit of counsel. Drunk driving charges are one of the most serious charges prosecuted in a municipal court and carry tough mandatory sanctions. Here are just some of the reasons to talk with Charles M. Rowland II right away:

Jail – every drunk driving charge carries a mandatory jail sentence. Most first-offense charges allow the jail to be served in a 72 hour weekend intervention program. However, if you blow over a .17 on the breath test you face actual incarceration that a judge cannot forgo. Prosecutors may not be willing to give you a “deal” and may lobby for additional penalties if you do not have an attorney. Having a skilled DUI attorney can help you avoid jail.

License Suspension – Upon entry of your plea, the court will address your license suspension. If you plead guilty the court may give you a longer suspension than you think you will receive. Often, a person finds themselves with a one year suspension when they were told by the arresting officer that the suspension (under the Administrative License Suspension) would be only 90 days. Having a good attorney can help you avoid a lengthy license suspension.

Driving Privileges – Each court has unique forms and methods for obtaining driving privileges while you are under suspension. Having a good attorney that knows how to obtain privileges is vital. At DaytonDUI, we have a staff member who works on driving privileges all day and knows how to get you back to driving as soon as possible.

Child Support & Visitation – For many years, the anti-drinking group Mothers Against Drunk Driving have been asking for language in domestic relations cases that automatically suspends or alters the custody and visitation should one of the parties be convicted of DUI. The impact of a DUI could also have implications on any adoption proceedings and in some cases could impact the negotiations in a civil law suit.

Your Career – Doctors, lawyer, pilots, professional drivers, nurses, teachers, barbers, cosmetologists and students all face serious ramifications if they are convicted of drunk driving. Talking with an attorney can save you some very big headaches down the road.

Travel & Immigration – Canada’s Immigration and Refugee Protection Act may prevent entry into Canada following an OVI conviction. You may also be denied entry into some Arab countries that have harsh bans on alcohol related incidents. Immigration and your ability to return to the United States could be put in jeopardy if you have an open immigration case (if this is the case, please see a good immigration attorney).

Skilled DUI attorney Charles M. Rowland II and the team at DaytonDUI will help you through the process of your case and save you from unwanted and unintended consequences. We investigate every aspect of your case and negotiate with the prosecutor to avoid harsh and mandatory penalties. If you want to know more about how we do this, call us at (937) 318-1384.

 

“All I do is DUI defense.”

Dayton DUI Wishes You a Happy Memorial Day Holiday

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“Poor is the country that has no heroes.  But beggared is the people who having them forgets.”

-Col. Wm. A. Jones III, Medal of Honor Recipient-

As you pause to remember those who have died in our nation’s service, have a safe and relaxing Memorial Day Weekend.  If you find yourself in need of representation resulting from a DUI arrest, contact Charles M. Rowland II at 937-318-1DUI (318-1384) or 1-888-ROWLAND (888-769-5263).

College Students and Binge Drinking

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binge drinkingWhile there is not a consensus definition of what “binge drinking” is, we know that college students do a lot of it and they do it with beer.  When a person consumes heavily with the intention of achieving intoxication above .08% BAC, they are 74.4 percent of the time doing it with beer. (Nami, et al. 2004). Wine bingers are rare and account for only 10.9 percent of drinkers labeled as binge drinking. (Nami et al. 2004).  As you would expect, college binge drinkers are more likely than their non-drinking counterparts to experience one or more alcohol-related problems.  One study looked at binge drinking with a ten-year follow-up and found the binge drinkers were at a higher risk of becoming dependent on alcohol later in life and that binge drinkers were likely to depart early from college (Jennisom, 2004).

With these risk factors and the long term effect, you should seriously consider if getting black-out drunk is, in fact, a fun thing to do.

Charles M. Rowland II has been representing the accused drunk driver for over 20 years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge.