Tag: ohio ovi attorney

Arrested for OVI? Should You Blow?

00Breath Testing, Illegal Police StopsTags: , , , , , , , , ,

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.

  • I am an Ohio license holder, 21 years or older; AND
  • I was not involved in an accident involving possible death or to serious injury to ANYBODY, even members of my family, pedestrians or passengers; AND
  • I do not have a commercial driver’s license (CDL); AND
  • 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 and a longer period of time before you can get driving privileges.   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.

ohio ovi laws

Ohio OVI Laws: Immobilization (First Offense)

00DUI & Driving Privileges, DUI Court ProcessTags: , , , , , ,

If you do not have a prior OVI offense, getting your car back is relatively easy as Ohio OVI laws do not authorize immobilization as a penalty for a first offense.  Here are the steps you should take to get your car back.

  • Locate the proper tow lot;
  • Gather enough cash (or other proper payment) to pay towing and storage fees;
  • Gather proof of ownership; and
  • If you were placed under and Administrative License Suspension, get a licensed driver to drive your car from the impound lot.

If you have trouble with ANY of the items above, contact your OVI attorney and they will help get your car back.  Our office has even gone as far as having our staff drive to the tow lot on our client’s behalf.  It is to your advantage to move quickly in order to save storage fees.

Ohio OVI laws are confusing, it always helps to contact an attorney!
traffic fatalities

New Restrictions For Juvenile Drivers In Ohio Begins Today

00DUI Under 21/Juvenile, Ohio Traffic LawTags: , , , , , , ,

Beginning July 1, 2015, juvenile drivers issued a probationary license will face restrictions on when they can drive and how many passengers are allowed in the car while driving based on experience instead of age. This change is a result of Ohio’s Drive Toward a Safer Ohio Initiative and is an effort to increase the level of experience for Ohio’s young drivers.

“The change in driving times and the passenger restrictions during the first 12 months of driving allows Ohio’s young motorists to gain more experience on the road, while reducing their risks,” said Karhlton Moore, Executive Director of the Office of Criminal Justice Services. “This will help them become safer drivers.”

Whether these measures will actually work is of little concern to Ohio lawmakers as juvenile drivers make up only 5 percent of all drivers. The legislature did make a change in the law that will allow teen drivers to drive past 10 p.m. and would not require an additional six months with a parent or guardian if the juvenile driver has a moving violation.

Probationary drivers under the age of 18 will have the following restrictions during the first 12 months with a license:

  • No driving between midnight and 6 a.m., unless that driver is accompanied by a parent or a guardian. Those with valid documentation from work, school or church allowing for travel for activities between these hours are exempt;
  • No driving with more than one non-family member in the car;
  • All passengers must wear safety belts at all times; and
  • No use of mobile communication while driving.

For more information on laws affecting juvenile drivers in Ohio, please contact us at (937) 318-1384.

Keywords: Juvenile drivers, ohio dui attorney, ohio ovi attorney, ohio dui lawyer, ohio ovi lawyer
prom ovi

It Is Prom OVI Season – Talk To Your Kids!

00DUI Under 21/JuvenileTags: , , , , , , , ,

Prom OVI season is here! That means that Mothers Against Drunk Driving and their partners in law enforcement have begun the annual Prom enforcement blitz.  In addition to tuxedos, ugly wrist corsages and the awkward pictures; make sure you talk to your teen about managing a police encounter.

MADD has shifted its focus away from its singular mission of preventing drunk driving, to include an effort to curb underage drinking.  The Prom OVI enforcement is used in conjunction with their efforts at instilling fear amongst parents who may provide alcohol to minors in their home.  This initiative has been aided by a national ad campaign called “Parents Who Host Lose The Most.”  As prom season approaches you may be confronted with information about furnishing alcohol to minors and the penalties associated with such action.  Ohio Revised Code Section 4301.69 contains most of the information concerning underage alcohol possession and use. Penalties are in Ohio Revised Code Section 4301.99.

An unsuspecting person who furnishes alcohol to an underage person is guilty of a first-degree misdemeanor. The maximum penalty associated with this offense is six months in jail or $1,000 fine or both. A social host, therefore, risks being fined and imprisoned when he/she furnishes alcohol to a person who is not 21 years of age. Keep in mind that you don’t have to be in the house – if you are negligent in supervision or permissive you can be charged with social hosting.  If you purchase a hotel room, provide a campsite, or have people in your house or on your property you will be held responsible for what happens.

In addition to the penalties for furnishing alcohol to minors, you may also face a rioting charge if your party is deemed unruly or draws police attention. Rioting is defined as four or more persons engaged in disorderly conduct, and it is “aggravated” if those involved commit or act with the purpose to commit a felony or an act of violence. Aggravated Riot also includes situations where those involved are carrying weapons. Aggravated Riot is a felony, and Riot is a first-degree misdemeanor. Under a law passed in 2003, if you are convicted of rioting or aggravated rioting, you will be immediately expelled for one year from all state-supported colleges in Ohio, and will be ineligible for state financial aid for two years.

The best way to avoid a problem is to plan ahead and designate a sober driver or hire a limousine service for the night.  If you do face a Prom OVI, contact attorney Charles M. Rowland II at (937) 318-1384. 

Keywords: Dayton DUI, Dayton OVI, Prom OVI, Prom enforcement,

Ohio OVI Blitz Along Interstate 75 This Weekend

00Ohio Traffic LawTags: , , , , , , , , , ,

ohio oviThere will be an Ohio OVI blitz along Interstate 75 this weekend. The Ohio State Highway Patrol will be joining forces with other members of the 6-State Trooper Project to focus on speed, safety belt and OVI enforcement along Interstate 75. The initiative will take place from Friday, February 20 at 12:01 a.m. through Sunday, February 22 at 11:59 p.m. This high-visibility enforcement effort will include the Kentucky State Police, Michigan State Police and Ohio State Highway Patrol. 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.

Ohio OVI 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 info on the Ohio OVI blitz, check these city-specific sites at the following links:
Fairborn, Dayton, Springfield,Kettering,Vandalia,XeniaMiamisburg,Huber HeightsSpringboroOakwood,Beavercreek, Centerville

 Ohio OVI Attorney Charles M. Rowland II