Posts Tagged ‘ovi penalties’

Ignition Interlock Devices For Everyone – We Warned You!

March 10th, 2014

ignition interlockH.B. 469 (Annie’s Law) presented at the Ohio Statehouse on Thursday will require an ignition interlock device  be installed on the vehicle of all convicted drunk drivers, including first-time offenders.  Ohio law currently prescribes “blow to go” devices for repeat drunk driving offenders, but not on a first offense.  We have longed warned (previous story HERE) that this was at the top of MADD’s agenda and a continuation of their desire to impose penalties on a driver before they are found guilty of an offense.  Essentially, this law is an attack on a person’s presumption of innocence.  State Representatives Terry Johnson (R-McDermott) and Gary Scherer (R-Circleville) are the lead sponsors of House Bill 469.

Currently, interlock search 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, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a BAC more than twice the state’s legal limit.  In Ohio, ignition interlock devices are required for any driver accused of a second OVI (drunk driving) offense and are otherwise discretionary to the judge.  NHTSA and MADD want to eliminate these discrepancies and urge the adoption of a model rule which covers first-time offenders with a BAC just over the legal limit and would require the installation of ignition-preventing interlock search devices on hundreds of thousands more vehicles.  Currently, only 20 states require the devices for anyone convicted of a drunken driving-related offense.

Some studies show that ignition-preventing interlock devices are about 75 percent effective in keeping those previously convicted of drunken driving from repeating their behavior. While there are numerous different designs, the typical ignition interlock requires the driver to blow into a tube that measures breath alcohol levels. If a person fails he or she may try again, for up to three attempts before the vehicle is locked down.  Other versions may also use cameras to record a person’s behavior behind the wheel. Courts may access the data recorded and, in some jurisdictions, a motorist who blew over the limit may face additional penalties.  Ignition Interlock devices typically cost about $150 and may run $80 a month or more to maintain.

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.”

 Find information on Ignition Interlock devices on this blog, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Petition for ALS Driving Privileges in the Vandalia Municipal Court

November 14th, 2013

Q. How can I obtain ALS driving privileges in the Vandalia Municipal Court?ALS Driving Privileges in the Vandalia Municipal Court

If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breathblood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately.  This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court.  A court may not grant ALS driving privileges for a certain period of time following the imposition of an ALS. O.R.C. 4510.13(A).  The amount of time between the imposition of the ALS suspension and the time you are eligible for limited ALS driving privileges is called “hard time.”  How long the hard time lasts depends upon whether the person has any prior offenses and whether or not the person took the test or refused the test.

If your misdemeanor OVI arrest took place within the jurisdiction of the Vandalia Municipal Court, you can download a petition for ALS driving privileges HERE.

A court may not grant ALS driving privileges for a certain period of time following the imposition of an ALS. O.R.C. 4510.13(A).  The amount of time between the imposition of the ALS suspension and the time you are eligible for limited ALS driving privileges is called “hard time.”  How long the hard time lasts depends upon whether the person has any prior offenses and whether or not the person took the test or refused the test.

First Offense Midemeanor OVI Failed Chemical Test R.C. 4511.191(C): Occupational driving privileges cannot be granted during the following periods in test cases:

  • First 15 days of suspension on a first offense
  • First 30 days of suspension on a person who had a prior OVI or refusal within 6 years.
  • First 180 days for a person who has had 2 prior OVI/refusals within 6 years.
  • First 3 years of suspension on a person who had 3 or more previous OVI/refusals within 6 years

First Offense Misdemeanor OVI Refusal R.C. 4511.19(B): Occupational driving privileges cannot be granted during the following periods in refusal cases:

  • First 30 days of suspension on a first offense.
  • First 90 days of suspension on a person who had a previous refusal within 6 years.
  • First year of suspension on a person who had 2 previous refusals within 6 years.
  • First 3 years of suspension on a person who had 3 previous refusals within 6 years.
  • A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more OVI violations cannot be granted limited privileges.

One of the first conversations you should have with your OVI lawyer will involve wether or not grounds exist for an appeal of the ALS.  You will discuss the limited circumstances under which an Administrative License Suspension can be challenged.  The court must hold the administrative license suspension hearing within five days of arrest.  You only have 30 days from your arraignment to file an appeal of the Administrative License Suspension. The scope of appeal is confined to four issues:

 1. Was your arrest based on reasonable grounds? 

2. Did the officer request that you to take a test? 

3. Were you made aware of the consequences if you refused or failed the test? 

4. Did you refuse or fail the test?

Charles M. Rowland II is familiar with the case law relevant to determining if an ALS appeal would be beneficial in your case.  He will check to see if the 2255 form (the yellow piece of paper you were given) was notorized.  The BMV must receive a notarized sworn copy of the 2255.  If the form is not executed as required by law, then he can bring that to the court’s attention and request that the ALS be terminated or stayed.  It is important to discuss whether or not you were able to produce the requested sample.  If you have a verifiable medical condition the Administrative License Suspension may not be plausible in your case.  No matter what the circumstances, Charles M. Rowland II will help secure you limited ALS driving privileges for work or for school after the HARD TIME has passed.

If you need to obtain ALS driving privileges, contact Charles M. Rowland immediately! 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 emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 ALS driving privileges and other  information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

First Offense DUI – What To Expect

November 13th, 2013

first offense duiA first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense DUI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.  A second way to be charged is for violating the high-tier provision of Ohio’s DUI law.  Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI.  The per se high-tier limits for a first offense DUI are set forth at O.R.C. 4511.19(A)(1)

  • (f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.
  • (g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
  • (h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
  • (i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.

Appreciable Impairment Offenses:  If you refuse to take a chemical test, the State will still be able to prove you guilty of a first offense DUI if they prove (beyond a reasonable doubt) that you  operated a motor vehicle in Ohio after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was appreciably impaired.  How does a jury determine “under the influence?”  The following is an excerpt from the Ohio Jury Instructions:

“Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and noticeably impaired the defendant’s actions, reaction, or mental processes under the circumstances then existing and deprived the defendant of that clearness of intellect and control of himself/herself which he/she would otherwise have possessed. The question is not how much (alcohol) (drug of abuse) (alcohol and a drug of abuse) would affect an ordinary person.

The question is what effect did any (alcohol) (drug of abuse) (alcohol and a drug of abuse), consumed by the defendant, have on him/her at the time and place involved. If the consumption of (alcohol) (drug of abuse) (alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to a noticeable degree, his/her ability to operate the vehicle, then the defendant was under the influence. The Ohio jury Instruction cites language from State v. Hardy (1971), 28 Ohio St.2d 89, 57 O.O.2d 284, 276 N.E.2d 247; and State v. Steele (1952), 95 Ohio App. 107, 52 O.O. 488, 117 N.E.2d 617.

The “appreciable impairment offense” is set forth at Ohio Revised Code 4511.19(A)(1)(a) which states,

(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:

(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

At DaytonDUI we refer to the (A)(1)(a), appreciable impairment offense as the OTIS standard, derived from the popular OTIS character featured on the classic Andy Griffith program.  OTIS was the stereotypical town drunk who often found himself in the Mayberry jail.  OTIS was obviously intoxicated based on how he looked, walked, acted and talked.  Viewers had no doubt that he was intoxicated.  Law enforcement will  attempt to prove impairment with the same evidence we use to judge OTIS.

Why Was I Charged With Two DUI Offenses?  Often, the arresting law enforcement officer will charge both the per seand appreciable impairment cases, knowing that you cannot be convicted of both.  In essence, the officer is hedging his bets, hoping that if your test is found to be faulty you can still be found guilty of being impaired.  At your trial or sentencing hearing, your conviction will either be for the per se or appreciable impairment charge.  Your DUI attorney will help you understand the pros and cons of any plea agreement and empower you to make choices that will benefit you on a short-term and long-term basis.  Choosing the best DUI attorney for your case is the most important decision that you can make and should not be rushed or taken lightly.

First Offense DUI Felony Offenses: If your first offense DUI involves the death or serious physical harm to another, you may face felony charges.  Aggravated Vehicular Homicide is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.  Aggravated Vehicular Assault is the crime of causing serious physical harm to a person while violating Ohio’s drunk driving statute.

A First Offense DUI Based On Drug Use:  You can also be charged with a per se offense based on the concentration of illicit drugs in your system.  To be convicted of a per se offense, the state must prove that a person operated a motor vehicle in Ohio and that at the time of operation, the person had a prohibited concentration of alcohol or drugs in their blood, breath or urine.  Your DUI attorney will devise defenses particular to the specific evidential test you took.  The admissibility of the results of these tests are dependant upon the arresting agency’s and testing organization’s compliance with the rules of the Ohio Administrative Code (OAC) as adopted and approved by the Ohio Department of Health.  At DaytonDUI, we know how to defend a breath test case and employ sophisticated scientific defenses to win your DUI case.  An oft’ quoted maxim that you should know is, “An arrest is not a conviction.”

First Offense DUI Penalties:  The following penalties are reserved for first offense DUI offenders.  Obviously, it is in your interests to hire counsel who can assess your case and provide you with an honest assessment of your case.  Be sure to discuss not only the mitigating factors that your attorney should know, but the not-so-good aspects of your case.  Judges have discretion to look at many factors in fashioning a remedy and your attorney should be able to give you an idea of how to approach your case so as to minimize any potential penalties.  Here are the range of possible penalties for a first offense DUI.

  • Jail – 3 Days Minimum up to 6 Months or,
  • Driver Intervention Program – For 3 Days
  • Jail – 6 Days (If Blood Alcohol Concentration .17 or Above)
  • License Suspension – From 6 Months to 3 Years
  • Reinstatement Fee – $475.00
  • Fine – From $375 to $1,075

Party Plates (Ohio’s Scarlet Letter)

When are yellow DUI plates required?  If you are convicted of OVI in Ohio, yellow “restricted plates” are required in certain circumstances.

  • If you are convicted of OVI as a first offense, the judge has discretion to order restricted plates as a condition of granting you limited driving privileges.
  • If you are placed under and administrative license suspension, a judge has discretion to order restricted plates as a condition of granting limited driving privileges.

Is an Interlock Ignition Device Mandatory?

The device is not mandatory on a first offense OVI in Ohio.  Judges have discretion to require the ignition interlock device on first offenses, but on subsequent offenses the IID is mandatory.  It is important to speak with an experienced DUI attorney who is familiar with the Court/judge presiding over your case to get an idea of whether or not you will likely receive an ignition interlock device on a first offense.  Be sure to talk with your attorney about aggravating factors in your case.  Be aware that MADD is pushing for the requirement that all first-time DUI offenders must use an ignition interlock device in order to get the car to start.  MADD is seeking to implement this mandate in the same way it coerced the states’ into adoption of a .08 alcohol standard, which is to tie the ignition interlock to receiving highway funds.  The language stipulates that if states want about 5 percent of their regularly allocated safety money, they must enact a law that requires first-time DUI offenders to install an ignition interlock device if they want to continue driving.  By seeking implementation in this way, MADD can avoid fights in more driver-friendly state legislatures.  Given the long history of pandering to MADD, this commentator is not hopeful of a pro-driver outcome.

Immobilization

If you do not have a prior DUI/OVI offense getting your car back is relatively easy as Ohio DUI law does 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 DaytonDUI and we will help get your car back.  We have 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.

What does a first offense DUI defense cost?  We encounter many people who want a rational, economic justification for hiring an OVI attorney on a first offense OVI.  The only study I could find on this topic was a 2006 Texas Department of Transportation study which calculated the costs of a drunk driving conviction “in that state showed the total costs of a DWI arrest and conviction for a first-time offender with no accident involved would range from $9,000 to $24,000.” [source]  In a story from CNBC citing that study, they speculate that total costs, absent you losing your job, could range as high as $20,000.  While projecting costs without knowing your particular circumstance is wildly speculative, here are some of the expenses you may realize:

  • Fines.
  • Court costs.
  • Attorney fees.
  • Bail.
  • Loss of job.
  • DUI “school.”
  • Temporary loss of income.
  • Car towing, impounding.
  • Alternate transportation costs.
  • Car ignition interlock device.
  • Periodic blood testing.
  • Monthly monitoring fees.
  • Cost of incarceration.
  • Increased auto insurance premiums

Obviously, if you were to lose your job and/or your career because of an Ohio OVI conviction, the lifetime costs skyrocket.  Insurance premiums, damages caused by personal injury or costs of restitution for property damages also cause the costs to climb.  Some of the expenses highlighted above can take years to come to fruition and the lingering effects of having a drunk driving conviction may be with you for life.  The good news is that a good DUI attorney can significantly curb the financial detriments incurred in a DUI case.  While predicting what an attorney can save you is just as wildly speculative as predicting costs, it is common for many of the costs to be subject to negotiation and/or reduction.  A reduction of the charge will not only lower the possible maximum fines, but can also get rid of ugly mandatory punishments required by Ohio’s OVI statute. O.R.C. 4511.19.  The best way to explore how much a vigorous DUI defense will costs in your case, contact Charles M. Rowland for a free consultation.

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.”

 Find information on first offense DUI and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Prior Convictions Used To Enhance An OVI

March 20th, 2013

English: Main section of prisoners' call block...

It is not uncommon for a client to choose my representation on a second, third, or fourth OVI offense.  One of the first things we check is whether or not the client was represented by an attorney in the previous convictions.  We also check to see if the prior plea had a valid waiver of counsel.  Both of these issues were addressed by the Ohio Supreme Court in State v. Brooke, 113 Ohio St. 3d 199, 2007-Ohio-1533, 863 N.E. 2d 1024 (2007), wherein the Court stated:

Generally, a past conviction cannot be attacked in a subsequent case.  However, there is a limited right to collaterally attack a conviction when the state proposes to use the past conviction to enhance the penalty of a later criminal offense.  A conviction obtained against the defendant who is without counsel, or its corollary, an uncounseled conviction obtained without a valid waiver of the right to counsel, has been recognized as constitutionally infirm.

The case law following State v. Brooke has led to many cases which result in client’s not having a subsequent OVI enhanced.  This area of law is fact dependent and your attorney should make a thorough review of the law in your court and appellate district when pursuing this line of collateral attack.  The Ohio Supreme Court has set forth precedent that it is the defendant’s responsibility and burden to make a prima facie showing of a defect in the prior plea.  Upon this prima facie showing, the burden shifts to the state to rebut the evidence by showing that the plea did, in fact, contain a valid waiver of counsel.  See State v. Thompson, 2007-Ohio-6098 (Ohio Ct. App. 5th Dist. Fairfield County 2007). 

In 2007, the Ohio Legislature passed 2007 Am. Sub. S.B. 17 which added 2945.75(B)(3).  The purpose of this law was to overrule the law set forth in State v. Brooke which required the defendant to raise a prima facie showing and instead, place on the defendant the burden of proving by a preponderance of the evidence that the prior plea was infirm.  As Judge Weiler points out in Ohio Driving Under The Influence Law, 2011-2012 ed., pp. 402, “It will undoubtedly be challenged in the future as a violation of procedural due process. But, it will be some time before the matter reaches the appellate level and even longer before it is reviewed by the Ohio Supreme Court.”

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornSpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsBeavercreekCentervilleSpringboro, Franklin and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitterupdates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Roadside Seizure: Some Definitions (by DaytonDUI)

January 4th, 2013

dayton dui party plateThere are a number of legal terms that apply to the government’s ability to take your stuff.  Here is a guide to help you understand the different terms which may apply to your case.

1. Seizure.  Your car may be subject to seizure at roadside at the time of your arrest under certain circumstances.  The officer’s decision on whether or not to impound in an OVI arrest are governed by R.C. 4511.195. However, seizure of your vehicle is required for the following offenses,

2. Impoundment. R.C. 4511.19(G)(1)(d)(v) and R.C. 4511.19(G)(1)(e)(v) authorize a court, under certain conditions, to take a person’s license plates.  Most of the time, impoundment is used pursuant to the issuance of “party plates” which are designed to shame and humiliate OVI offenders.  If you are convicted of OVI in Ohio, yellow “restricted plates” are required,

  • If you are convicted of OVI as a first offense, the judge has discretion to order restricted plates as a condition of granting you limited driving privileges.
  • If you are placed under and administrative license suspension, a judge has discretion to order restricted plates as a condition of granting limited driving privileges.
  • If you are convicted of O.V.I. as a first offense that involves a “high test”, the judge must order restricted plates as a condition of limited driving privileges.
  • If you are convicted of OVI as a second offense or more within six years, the judge must order restricted plates as a condition of limited driving privileges.
  • If you are convicted of O.V.I. as a fourth offense or more within 20 years, the judge must order restricted plates as a condition of limited driving privileges.

In addition to the problems of living with the plates is the inconvenience of obtaining the plates.  If you are required to use these plates, you must surrender your plates to the Bureau of Motor Vehicles who, in turn, will give you the restricted plates.  The restricted plates must remain on your vehicle for the duration of any license suspension imposed by the court and/or during the duration of the administrative license suspension.

3. Immobilization. The temporary taking of your automobile is called immobilization.  If you are convicted of a DUI and you have one prior conviction within six years, the judge will immobilize your vehicle for 90 days and impound its license plates. During the period of immobilization, the vehicle may not be driven or sold.  Depending on the court, you may have to purchase a “club” and arrange for the car to be towed to your house or a secure location within the court’s jurisdiction.  There is a “hardship” exception to this rule.  A court may waive the immobilization requirement if a family or household member residing with the defendant is completely dependant on that vehicle for the necessities of life so that immobilization of the vehicle would be an undue hardship. If the immobilization requirement is waived by the court, the vehicle will be required to have restricted plates (yellow license plates) and must not be operated by the defendant.

4. Forfeiture. Forfeiture is the permanent surrender of your vehicle to the government.  A third conviction within six (6) years, or a fifth conviction within twenty (20) years will result in the forfeiture of your vehicle.  Frequent readers of this blog will note my numerous objections to this laws operation.  The law does not have a provision to protect the credit or property interest of an innocent third party and works to create a great deal of harm to innocent people.  No immobilization waiver is available for a third offense within six (6) years or a fifth within twenty (20) years.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, SpringfieldKetteringVandaliaXeniaMiamisburgHuber HeightsBeavercreekCentervilleSpringboro, Franklin and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitterupdates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.