Is it a crime to refuse to take a breath test?
Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving) or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years. If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the “Penalties” [Read the full post. . .]
You may think that any person who takes an OVI breath test and blows above Ohio’s .08 legal limit is guilty of OVI. This is not the case.
Ohio employs a device called the Intoxilyzer 8000. This device has many problems in its operation. In fact, after a lengthy hearing on the Intoxilyzer 8000, a judge in Marietta ruled that the machine was not reliable [Story HERE]. Prosecutors hide behind a 1984 Ohio Supreme Court decision that said because [Read the full post. . .]
Alcohol is classified as a Central Nervous System Depressant for its effects on the human body. It is listed as such for purposes of DUI investigations in the 2013 National Highway Traffic Safety Administration (hereinafter NHTSA) “DWI Detection and Standardized Field Sobriety Testing” Participant Guide. See NHTSA, HS 178 R5/13. CNS Depressant type drugs (see below) slow down the operations of the brain, and usually depress the heartbeat, respiration, and many other processes controlled by the brain. The most familiar [Read the full post. . .]
Under Ohio DUI law, anyone with five or more convictions for OVI during the past 20 years is placed on the Ohio Habitual Offender Registry. Of course, it would not be Ohio DUI law if there were not some quirks. For example, out-of-state convictions do not count, nor do convictions more than 20 years old. You must also have at least one conviction since September 30, 2008, the date when the law took effect. Juveniles are included and [Read the full post. . .]
Mothers Against Drunk Driving and their government partners at the National Highway Traffic Safety Administration want 2014 to be the year that all states expand the use of ignition interlock devices to include anyone convicted of a drunk driving offense.
Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, [Read the full post. . .]