Tag: Ohio OVI defense

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

Ohio OVI Enforcement Statistics Year-To-Date

00Ohio DUI DefenseTags: , , , , , , , , , , , , , , , , ,

The Ohio State Highway Patrol has released year-to-date statistics on its Ohio OVI Enforcement.  2014 saw 2,100 arrests for OVI.  There was an increase in 2015 to 2,367 arrests.  Greene County saw arrests jump from 25 in 2014 to 47 this year. Montgomery County jumped from 58 arrests in 2014 to 72 this year. In Clark County the OSP arrested 26 people by this time in 2014 and 32 so far this year.

2015 looks like a bad year to forget to wear your seatbelt with a huge jump of 8,278 arrest vs 6,796 last year. Drug arrests are also significantly up again in 2015 with 1,275 arrested compared to 1,009 last year.  Interestingly the OSP seems to be doing fewer motorists assists. They have done 29,725 motorists assist so far in 2015 while having done 44,131 by this same point in 2014.

ohio ovi The great news from the statistics is that Ohio roadways continue to be very safe compared to any point in our history.  Fatal crashes have increased by only one over this point last year.  Keep up the good driving, always designate a sober driver, don’t text and drive and make Ohio a great place to live.

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 OVI 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 Ohio OVI enforcement, check these city-specific sites at the following links:

Fairborn,Dayton,Springfield,Kettering,Vandalia,XeniaMiamisburg,Huber HeightsSpringboroOakwood,Beavercreek, Centerville

Is It A Crime To Refuse To Take A Breath Test?

00Breath Testing, DUI Penalties, DUI Trucking & CDL, Prior OffensesTags: , , , , , , , , , , , , , , , , , , , , , , , ,
Is it a crime to refuse to take a breath test?

refuse to take a breath testOhio 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” section of the DaytonDUI blog).

Professional drivers who refuse to take a breath test face a separate crime if they do not take a test while in their commercial vehicles. See O.R.C. 4506.15(A)(7).  Refusing under these circumstances will result in a one year CDL disqualification.  If you livelihood depends on your CDL make sure your attorney understands these rules.  If you refuse to take a breath test for a second time, you will face a lifetime CDL disqualification.

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.  “All I do is DUI defense.”

For more information if you refuse to take a breath test check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg,Huber HeightsOakwoodBeavercreekCenterville

The Ohio OVI Breath Test – How To Fight And Win

00Breath TestingTags: , , , , , , , , , , , , , , , , , , ,

OVI breath testYou 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 the machines were officially certified by the state, they cannot be challenged by expert witnesses. Until this ruling is overturned we have to rely on other issues… and we do.

There are several ways to challenge an OVI breath test that involve operational issues.  Operational issues that may be used as defenses in your OVI case include:

  • Human error
  • Environmental factors
  • A breath test may not accurately represent your true Blood Alcohol Content (BAC)
  • Your mouth alcohol may be measured higher than your true breath alcohol level
  • Amount of time between your arrest and breath test
  • The breath test device may be improperly maintained

Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential OVI breath test?  According to scientific research, “[t]he subject’s test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation.” (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.  Hyperventilation “…lowers the breath alcohol concentration by as much as 20% compared with a single moderate inhalation and forced exhalation used as control tests.” Id. (Jones, 1982).  Whereas, “holding breath for a short time (20 seconds) before exhalation increases the alcohol concentration in exhaled air by 15%. Id. (Jones, 1982).

The protocol for the Intoxilyzer 8000 in Ohio requires that you produce merely 1.1 liters of breath, less than the amount of air required to fill a two liter pop bottle.  The average adult can exhale between three and four liters of air.  If you are unlucky enough to be tested on this machine, the police will urge you to keep blowing your entire breath into the machine. However, such a long breath will artificially increase the apparent amount of alcohol in your breath by skewing the sample toward your “deep lung air,” where the alcohol is more highly concentrated. If you only blow only the required 1.1 liters, you will give an adequate sample, which may be up to 30% less than the sample that the police want you to give.

At Dayton DUI we constantly write on issues affecting an Ohio OVI breath test.  I invite you to check out these related articles:

It is my hope that even the most vehement advocate of tough DUI laws would allow an open debate on the scientific methodology of convicting a person in court.  If you are willing to fight to keep truth out of the courtroom, then you have drifted so far from the principles of fairness as to become blind to what our system of justice should be.  I call on MADD, the Century Council and all other advocates for tough DUI laws to join me in having a fair fight over the science and protecting our fragile and vulnerable system of justice.

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.” 

To schedule a visit about your OVI breath test or to learn more, check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsOakwoodBeavercreekCenterville

Alcohol Is A Central Nervous System Depressant

00DUI, Drugs & DrivingTags: , , , , , , , , , , , , , , , , , , , , , , , , ,

central nervous system depressantAlcohol 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 and ubiquitous Central Nervous System Depressant is alcohol.

Other Depressants of the Central Nervous System include:

• Barbiturates (such as Secobarbital (Seconal), and Pentobarbital (Luminal))
• Non-Barbiturates (GHB-gamma-hydroxybutyrate and Soma)
• Anti-Anxiety Tranquilizers (Such as Valium, Librium, Xanax, and Rohpynol)
• Anti-Depressants (such as Prozac and Elavil)
• Muscle relaxants and many other drugs (Soma)

Depressant drugs usually are taken orally, in the form of pills, capsules, liquids, etc.  In general, people under the influence of any CNS Depressant drugs look and act like people under the influence of alcohol.  General indicators of Central Nervous System Depressant include, but are not limited to the following types of behaviors:

• “Drunken” behavior and appearance
• Uncoordinated
• Drowsy
• Sluggish
• Disoriented
• Thick, slurred speech

Eye indicators of Central Nervous System Depressant influence are:

• Horizontal gaze nystagmus usually will be present
• Vertical nystagmus may be present (with high doses)
• Pupil size usually will not be effected, except that Methaqualone and Soma may cause pupil dilation

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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Central Nervous System Depressant information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville