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Can I Still Be A Nurse If I Get A DUI In Ohio?

May 9th, 2012
The American student nurse Miss Lydia Monroe o...

According to the Ohio Nursing Board’s Criminal History Fact Sheet, there are eleven offenses that are automatic bars to obtaining a nursing license for applicants who entered a prelicensure nursing education program after June 1, 2003. This means that the Board of Nursing (Board) is prohibited from issuing a license to a person who has pled guilty to, been convicted of, or has a judicial finding of guilt for one of the offenses listed below.

  • Aggravated Murder
  • Murder
  • Voluntary Manslaughter
  • Felonious Assault
  • Kidnapping
  • Rape
  • Aggravated Robbery
  • Aggravated Burglary
  • Sexual Battery
  • Gross Sexual Imposition
  • Aggravated Arson
  • or a substantially similar law of another state.

In addition, the Board may propose to deny an application, or place restrictions on a license granted, for a conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding of guilt resulting from a plea of no contest to, or a judicial finding of eligibility for intervention in lieu of conviction for the following:

  1. any felony (that is not an absolute bar);
  2. a crime involving gross immorality or moral turpitude;
  3. a misdemeanor drug law violation; or
  4. a misdemeanor in the course of practice.

In regard to these four types of offenses, the Board is unable to advise or give a definitive answer about the effect a criminal history will have on the ability to obtain a nursing license in the State of Ohio.  I am unaware of a conviction for impaired driving based on drug impairment (DUID) being the basis for a denial of a claim.  As  urine and blood tests become more prevalent, it is hard to imagine that the nursing board would not consider this to be withing its authority to regulate.  It is vital that you get an experienced DUI attorney who can fight your charge or negotiate a favorable plea which will not reflect drug impairment.

According to the Ohio Administrative Code, although the Board may grant a license to an applicant who has a criminal offense history, an individual may be restricted from working in certain settings based on his or her criminal history due to federal and state laws, which require criminal records checks prior to employment in certain settings, and which may impose absolute or discretionary bars to employment in certain patient care settings, for example, in facilities or settings involving care provided to older adults or children. See, e.g., Ohio Administrative Code Chapter 3701-13.

The authority of the Board is only exercised at the time of application, so the incentive lies with the nursing student to fight their DUI charge.  If an applicant has a criminal history, the Board conducts a thorough investigation and considers a number of factors, including but not limited to: whether the applicant has made restitution, completed probation and/or otherwise been rehabilitated; the age of the offense; the facts and circumstances underlying the offense; and the total number and pattern of offenses.  Similarly, the Board cannot answer questions regarding one’s eligibility to attend nursing school or participate in clinical instruction. Nursing programs vary in regard to enrollment criteria, so it is recommended that you contact the nursing program to determine whether you are eligible to enroll.  You can check out the Ohio Nursing Board Criminal Fact Sheet by following this link.  You can continue your research by visiting the Ohio Board of Nursing Discipline page.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Fairborn, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville 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 at937-776-2671.  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 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. “All I do is DUI”

 

 

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Posted in DUI & College, DUI & Nursing

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DUI Science: How To Read The Correlation Studies in the NHTSA Manual

May 8th, 2012

Researchers at the National Highway Traffic Safety Administration (NHTSA) have created a booklet for law enforcement called “Guide for Detecting Drunk Drivers at Night.”  This guide sets forth some of the most common and reliable indicators of drunk driving.  The list divides driving behaviors into four areas of clues that officers are trained to look for: Maintaining Lane Position, Speed and Braking, Vigilance, and Judgment.  The following is a list of symptoms in descending order of probability that the person observed is at or above a .10% BAC, thus statutorily driving while intoxicated.

  1. Turning with a wide radius
  2. Straddling center of lane marker
  3. “Appearing to be drunk”
  4. Almost striking object or vehicle
  5. Weaving
  6. Driving on other than designated highway
  7. Swerving
  8. Speed more than 10 mph below limit
  9. Stopping without cause in traffic lane
  10. Following too closely
  11. Drifting
  12. Tires on center or lane marker
  13. Braking erratically
  14. Driving into opposing or crossing traffic
  15. Signaling inconsistent with driving actions
  16. Slow response to traffic signals
  17. Stopping inappropriately (other than in lane)
  18. Turning abruptly or illegally
  19. Accelerating or decelerating rapidly
  20. Headlights off
What’s more, they have assigned a probability of intoxication to each of the indicators.  For example, a person who turns with a wide radius will have a blood-alcohol concentration of .10 or higher 65 out of 100 times.  A person who  appears drunk will have a blood-alcohol concentration of .10 or higher 60 times out of 100.  There is also a procedure for calculating multiple factors, “When two or more cues are seen, add 5% to the highest value among the cues observed.”  If we see turning with a wide radius and a suspect who appears drunk, we take the higher number and add 10 (65 + 5 = 70).   Thus, 30 people out of 100 who appear drunk and turn with a wide radius are not at or above the .10 BAC threshold.

Another example: drifting at night had a 45% correlation to a .10 BAC or more and braking erratically  has a correlation of  35% to a BAC of .10 or more.  Thus if we have a driver who was breaking erratically (35%) and drifting (45%) we add 5% to the highest clue to conclude that the driver would have a correlation of 50% to a BAC of .10 or more (only if he or she were driving at night, of course).  Let’s throw in another clue.  Say our suspect was also turning with a wide radius which is correlated to a 60% chance the driver is above a .10 BAC.  When three or more clues are present we add 10% to the highest clue total (in this case the 60% turning with a wide radius) for a total correlation of 70%.  The individual clues have numbers written beside them in the manual which gives the correlation for the clue alone and in combination.  For instance “Problem Maintaining Proper Lane Position” has a correlation of 50% when indicated alone and a 75% correlation when combined with any other clue.  You can visit the NHTSA website at http://www.nhtsa.gov/people/injury/alcohol/dwidwihtml/index.htm for more on the studies and the driving clues or read How to Beat a DUI by James Nesci, pp. 13-15.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville 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 Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook 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. “All I do is DUI”

 

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Commercial Driver’s License Disqualification in Ohio

May 4th, 2012
English: A sign that states "No Texting W...

You will lose your Ohio CDL for one year if convicted of any of the following offenses:

  • Driving any vehicle with a blood alcohol count (BAC) of 0.08% or higher
  • Driving a commercial motor vehicle (CMV) with a BAC of 0.04%
  • Refusing to submit to a sobriety test
  • Leaving the scene of an accident
  • Using the vehicle to commit a felony
  • Driving a commercial motor vehicle (CMV) with a suspended, revoked or canceled CDL
  • Causing a fatality through negligent driving

Serious Offenses, These violations include:

  • Speeding 15 mph over the posted speed limit
  • Reckless driving
  • Improper lane changes
  • Following a vehicle too closely
  • Driving a CMV without holding a CDL
  • Driving a CMV without having your CDL in your possession
  • Driving a CMV without the proper CDL endorsement
  • Violating a state law of texting while driving

A second conviction of any combination of these violations will lead to the loss of your driving privileges for 60 days, or 120 days for a third or subsequent conviction of any combination of these offenses.  If you plan to fight your traffic ticket, Legal counsel will improve your chances for a favorable decision. This could mean reduced charges or ticket dismissal, possibly sparing you of points, the possible suspension of your Ohio driver’s license and increased auto insurance rates.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville 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 Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook 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. “All I do is DUI”

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Arrested for DUI? What Can You Do Now To Protect, Educate and Empower Yourself

May 3rd, 2012
Speedcuffs Handcuffs Rear Back Behind Handcuff...

What do I do now?  Being arrested for DUI is a frightening and traumatic experience.  Our clients often struggle to deal with the stigma and shame associated with a DUI arrest.  Many strong people are brought to tears when telling a loved-one about their arrest.  Complicating matters is a palpable sense that everything is spinning out of control.  Charles Rowland and the staff at DaytonDUI have been helping people through this process for over seventeen years.  We want to reassure you that your DUI case can be successfully managed.  Like any other crisis, it is imperative that you take steps to PROTECT YOURSELF, EDUCATE YOURSELF and EMPOWER YOURSELF.  Below are some helpful steps that you can take to begin the process of putting a DUI arrest in perspective.

1. PROTECT YOURSELF

As soon as possible after your arrest, take time to write down every single detail of that you can remember.  Sometimes critical pieces of a defense can be found in details that may be forgotten if not recorded immediately.  Start with a time-line or chronology.  What were you doing prior to drinking? When did you start drinking?  How was your health in general on that day?  Did you work out earlier in the day?  Were you around any chemicals?  When did you last sleep?  What do you remember watching on television that day?  Did you make any cell phone calls or have text chats?  When did you last eat and what was it?  What cologne or aftershave lotion did you use that day?  What kind of shoes were your wearing?  Other important areas of consideration include what medications or drugs you ingested prior to driving.  Do you take prescription medication? Do you regularly smoke cigarettes or marijuana?  Did you use breath spray or tic-tacs or tobacco?  Who did you see that day?  Could you have visited a store with a video surveillance camera?  Do you know the bartender who served you?  How was your car operating that night or day?  Think of this first step as establishing what happened before you came in contact with law enforcement.

Next comes the “during arrest information.”  Yes, it may be painful, but try to write down everything that you can remember when you were stopped by law enforcement.  When did you first notice the officer following you?  What was your reaction?  Were you using a cell phone or texting (which may explain swerving), or were you oblivious to the officer until he turned his lights on.  Did you have anything in your mouth?  Often, the location of your stop can provide powerful assistance to your attorney.  Was it a busy road?  What were the conditions?  Was the roadway wet, slick, slanted, pot-holed?  Your memory may tempt you to focus on the administration of the standardized field sobriety tests, but many law enforcement decisions are made prior to asking you to step from the car.  The officer writes these important details in his report.  Make sure your attorney knows your version of events.  Remembering what you and the officer said is vital to establishing your defense.  Details of what happened at the station are also important.  How long were you in the cruiser?  How many officers were on the scene?  Who, if anyone, searched your car?  At the station, where were you placed prior to the test?  What, if anything, was read to you by the officer?  Try to be as precise as possible and write down exact quotes when you remember them.  Another way to protect yourself is to take pictures of your car and of the location of the stop.  The location may be vital in any number of ways in establishing the validity of the field tests and may possibly explain your driving habits on that roadway.  If the officer alleges that your tail light was out, or that your license plate light was inoperable, pictures taken shortly after the incident may exonerate you.

Do not drive!  If your license has been suspended you should protect yourself by arranging for transportation for at least two weeks.  Taking a taxi, or the bus, or just huffing it is less cumbersome than an additional charge of driving under a DUI suspension which carries additional mandatory jail time in Ohio.  You should also find out what ramifications will take place at your job.  If you have a CDL, you cannot drive under the CDL until the charges are resolved.  Active-duty military personnel also have obligations which may prove difficult without a license.  Losing your right (it’s not a privilege in my opinion) to drive is terrible.  It is my opinion that, to many people, the pre-conviction suspension is the worst punishment that they will incur in the entirety of this experience.  Address your particular situation with a qualified and competent DUI attorney.

Reasonable doubt comes from the recollection of events in a coherent and believable manner.  Protect yourself by taking the time to record what happened and by acting responsibly.

2. EDUCATE YOURSELF

DaytonDUI.com was started with the intent that you could find reliable information that would allow you to evaluate your case and choose an attorney.  Education about your charge will make you better equipped to find the attorney that is right for you.  A good place to start is the article “How to Hire a DUI Attorney” [linked HERE].  Ask everyone you know if they have had good or bad experiences with a particular attorney.  Talk to attorneys on the phone.  Meet with them in person.  Educate yourself about the particular court that you are going to, and the prosecutor, and the location of the court.  Check the credentials of the DUI attorneys in your area. [See HERE for a biography of Charles M. Rowland] Sometimes the scariest part of your DUI experience will be not knowing what the court process is like.  Good attorneys will try to help you by answering your questions and not trying to take advantage of your vulnerability at this critical time.  [See HERE for a video of Charles M. Rowland II explaining the Court Process].

My dad always said, “If you know how somebody gets paid, you’ll never get ripped off.”  Have a discussion with potential attorneys about how they expect to get paid and what you can expect for that service.  Ask who will be handling your case; will it be the attorney you are meeting with or an associate.  Ask how many cases they have tried in that court and whether or not they will listen to what you want.  One-size fits all is great from some things, but not for legal services.  Take control and get what you pay for.  Educate your self about your circumstances and your options so that the DUI experience is less traumatic.

3. EMPOWER YOURSELF

Some people come to my office, drop the ticket on my desk and expect me to take care of it.  Others want to understand every aspect of a DUI case from beginning to end.  I will work to make sure that you are taken care of in a manner that meets your expectations.  I will conform to what you need your attorney to be.  Now is not the time to retreat into yourself, but you must call on your inner champion to make the best decisions possible under the circumstances.  Everything we do at DaytonDUI is designed to provide you with a sense that your case is going to be handled to the best of our ability.  We have a great staff, good on-line and printed material, the best DUI library around and a proven track record.  We want you to win your case and put a bad experience behind you.  If you want to find out more, please check our blog or call Charles M. Rowland II at 937-318-1384 or 1-888-ROWLAND.

“Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.” -Arnold Schwarzenneger-

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Ohio’s Adoption of Real ID Highlights Controversy

May 2nd, 2012
Seal of the United States Department of Homela...

REAL ID is a federal effort to help prevent terrorism and fraud by improving the integrity and security of driver licenses (DL) and identification (ID) cards. In order for a state to issue REAL ID compliant DL and ID cards, the state must meet a set of requirements put in place by the REAL ID Act of 2005 and must self-certify its compliance to the Department of Homeland Security (DHS).  It was supposed to be implemented by May 11, 2011.  You may remember the crisis of whether or not you would be able to get on an airplane with just your state identification.  The crisis was averted when Homeland Security bowed to pressure from all corners.  Well, the Real ID Act is not dead.

A recent Dayton Daily News article highlighted the latest news about the adoption of the controversial 2005 Real ID Act.  REAL ID is a federal effort to help prevent terrorism and fraud by improving the integrity and security of driver licenses (DL) and identification (ID) cards.  With full implementation, you will need to show your Real ID card to get into federal buildings, get on a flight, and interact with your financial institution and a host of federal agencies.  In order for a state to issue REAL ID compliant drivers’ licenses and ID cards, the state must meet a set of requirements put in place by the REAL ID Act of 2005 and must self-certify its compliance to the Department of Homeland Security (DHS).  Ohio has received $4.33 million in grants from 2008 to 2011 to get the state Real ID ready.  Despite the grants, Ohio has not fully implemented the Real ID Act, but has taken steps by revamping the Ohio driver’s license.  The Ohio Bureau of Motor Vehicles saying that it is in “material compliance” with the Act.  What does that mean?  According to the BMV, “Materially compliant means the state has met specific standards and is moving toward implementing all of the REAL ID Act requirements in the future. Driver licenses and ID cards that are REAL ID materially compliant will have a solid gold star displayed in the header.”  According to the Department of Homeland Security, Ohio is among 36 states that are materially compliant or likely will be by the deadline of Jan. 15, 2013.

The question is whether or not the Real ID Act will ever be fully implemented.  Fifteen states have passed bipartisan resolutions against the laws implementation and ten states have passed resolutions condemning the act.  Opponents to the Act can be found on all points of the political spectrum.  On the left you have civil libertarians who oppose the potential enforcement abuses and loss of privacy rights.  Immigration proponents and opponents find much to hate in the Act.  Libertarians object to the government imposing itself into issues of whether or not you can get on a flight or get into a courthouse or federal building.  States rights activists oppose being told what to do.  Bioethicists question the use of biometrics and DNA as a form of identification for governmental purposes.  Computer security experts raise concerns about having a hack-able database which, if cyber-attacked could cripple every facet of American life.  MorphoTrust, the French-based company who will produce the cards and the database has even had its connections to China (a forty + year relationship) brought into question.  Christian groups and the “new world order” crowds see the Real ID as the mark of the beast and proof of a coming global conspiracy and have started the Stop Real ID Coalition.   U.S. House Subcommittee on the Judiciary regarding the Real ID Act, Chairman Lamar Smith, R-Texas, has said, “If we don’t do everything in our power to fully implement REAL ID, we set ourselves up for another attack.”

So where does that leave us?  Realistically, new Ohio driver’s licenses and identification cards debuting in January 2013 likely will cost more, require additional documentation and take longer to get.  A more optimistic view may be that we are entering a less fear-based approach to federal legislation.  If we can question the propriety of the Real ID Act, perhaps we can gather the courage to look anew at the more onerous legacies of 9/11 like the Patriot Act. rendition and spying on our own citizens.  Let’s get back to being Americans again by arguing about our freedoms.  As Hubert H. Humphrey said, “Freedom is hammered out on the anvil of discussion, dissent, and debate.”

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton and throughout the Miami Valley.  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 Twitter updates 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.

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Posted in Ohio BMV Issues

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