Annie’s Law (H.B. 469) a bill that would have required all first-time OVI offenders to install an ignition interlock device in their vehicles has failed to garner enough votes to make it out of committee. The bill, in its proposed form would have required a driver to blow into the the device to start the car, which would prevent the engine from starting if too much alcohol was detected on his or her breath.
The bill faced opposition from the [Read the full post. . .]
Did you get a prescription drug OVI? Do you have a valid prescription?
Ohio and the Ohio State Highway Patrol have made enforcement of DUI laws against illegal and prescription drugs a priority. Throughout the state, this means that you now face arrest if you are taking many common prescription medications. Given that upwards of 70% of Americans are taking a prescription medication, you need to know your rights.
Ohio provides an affirmative defense to an impaired driving [Read the full post. . .]
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. . .]
This DUI law update sets forth an alternate interpretation of MADDs attempt to pass Annie’s Law. Is it possible that MADD has seen the error of its ways and is seeking to do damage control? The most common complaint about DUI enforcement in the State of Ohio concerns the ability of a police officer to seize your license and prevent you from driving for 15 or 30 days (first offense) before you are even taken to court. We often hear [Read the full post. . .]
DUI case law update: State v. Ilg, Slip Opinion No. 2014-Ohio-4258
For most of my career I have had to deal with a tremendous disadvantage in DUI cases. In 1984, the Ohio Supreme Court decided State v. Vega, 12 Ohio St. 3d 185, 465 N.E.2d 1303 (1984) which was interpreted to prevent an attack on the breath test machine if it attacked the “general reliability” of a breath alcohol test if it was “conducted in accordance with methods [Read the full post. . .]