Tag Archives: OVI attorney

OVI Law: Elimination of Alcohol By Oxidation

ovi lawOVI law requires an understanding of how alcohol enters, affects and exits the body.  Here is a brief overview of the elimination process.

Alcohol exits the human body by being oxidized by a number of very important enzymes.  Foremost among these enzymes are ADH (alcohol dehydrogenase) and ALDH (aldehyde dehydrogenase).  Over 90% of the ingested alcohol is oxidized in the liver.  The remaining 10% is excreted via the breath (.07%), the urine (.03%) and sweat (.01%). [Master, S., Chapter 23: [Read the full post. . .]

Affirmative Defenses for Prescription Drug OVI Charges in Ohio

prescription drug OVIDid 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?

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” [Read the full post. . .]

Burden Shifting At A Motion To Suppress Hearing

motion to suppressA motion to suppress is often the most critical phase of the OVI trial process.  Procedurally, the defense attorney files a motion challenging all of the government’s evidence.  Once this motion is filed the government has the burden of demonstrating the propriety of the arrest and that law enforcement substantially complied with the rules.

When a defendant challenges the admission of a breath-alcohol test, courts apply a burden shifting analysis. The state must show substantial compliance with ODH regulations, and

[Read the full post. . .]

The Ohio Investigative Unit Conducts “Trace Back Investigations”

Ohio Investigative UnitThe Ohio Investigative Unit (formerly Liquor Control) has taken on a new task in Ohio – “trace back” investigations.  When a fatal crash occurs and alcohol or drugs are suspected, the OIU will step in to see where the alcohol came from and whether or not the person providing the alcohol or drugs can be held responsible.

Through an integrated re-structuring within the Ohio Department of Public Safety that will reduce facility costs, streamline administrative functions and lead to better [Read the full post. . .]