Tag Archives: ovi

OVI attorney Charles Rowland represents the accused drunk driver in Ohio.

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. . .]

We Are Proud To Be Your Clark County DUI Defense Firm

We are proud to be your Clark County DUI Defense Firm!

clark county dui defense firmBabb & Rowland is proudly located in Fairborn, Ohio at 2190 Dayton-Yellow Springs Dr.  You can find us at Exit 20 (the Fairborn High School Exit) just off I-675.  Our offices are conveniently located near our Clark County clients and just a 10-15 minute drive from downtown Springfield.  You can find us on the web at www.SpringfieldDUI.com or www.SpringfieldOVI.com.  Charles M. Rowland II has regularly appeared in [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. . .]

Rowland To Train As Drug Recognition Expert

Drug Recognition ExpertLater this month, Charles M. Rowland II will receive certification in the latest techniques of the Drug Recognition Expert protocol now being used across the nation.  Rowland will be among the first attorneys in Ohio to receive this certification which will make him uniquely suited to defend drives accused of driving while impaired by illegal or prescription drugs.

“More and more, we are seeing an increase in drug trafficking cases. The Ohio State Highway Patrol has become much more aggressive [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

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