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R.C. 4511.181, Prior Convictions

January 9th, 2013

BustedOhio Revised Code 4511.181 sets forth the law of prior convictions in Ohio.  It states that “equivalent offenses” can include:

  1. A state OVI under 4511.19(A);
  2. A state OVUAC offense under 4511.19(B); [often referred to as a "baby" DUI or an "juvenile" DUI]
  3. A violation of a municipal OVI ordinance;
  4. Involuntary manslaughter due to impairment, R.C. 2903.04(D);
  5. Aggravated vehicular homicide, vehicular homicide or vehicular manslaughter due to impairment, R.C. 2903.06(A)(1);
  6. Aggravated assault due to impaired driving, R.C. 2903.08(A)(1);
  7. Other state aggravated vehicular homicide, vehicular homicide, vehicular manslaughter offenses under R.C. 2903.06, R.C. 2903.08 or former R.C. 2903.07 based on a finding of impairment;
  8. A violation of a municipal ordinance that is substantially equivalent to R.C. 2903.06, R.C. 2903.08, or former R.C. 2903.07 and related to impairment;
  9. A state boating under the influence offense under R.C. 1547.11(A);
  10. A state underage boating under the influence offense under R.C. 1547.11(B);
  11. A violation of a municipal boating under the influence offense;
  12. A violation of any existing or former municipal ordinance, law of another state, or law of the United States that is “substantially equivalent” to R.C. 4511.19(A) or (B).

The boating provisions of the law were added in 2007 (see 2007 Am.Sub.S.B. 17, eff. September 30, 2008).  It is important to note that despite recent legislative changes to this definition, a violation of R.C. 4511.194 Physical Control, is still not included in equivalent offenses for purposes of the law.

Ohio has enacted two “look-back” statutes which enhance the penalties for a DUI; a six year look-backand a twenty year look-back.  This post will focus on when a DUI becomes a felony.  For a complete list of penalties for DUI offenses check out my previous article OHIO OVI PENALTIES.

Six Year Look-Back

If you receive a second DUI six years from the conviction date of your first DUI, the penalties are enhanced.  Both a first and second DUI within a six year period are first degree misdemeanors which carry a maximum fine of $1,075.00 and a maximum incarceration of six (6) months.  A second DUI within six years is enhanced, meaning that the minimum number of incarceration days and the fine are heavier. R.C. 4511.19(G)(1)(a) and (b).  A third offense within six years has even heavier fines and incarceration and carries a possibility of one year of incarceration, owing to the fact that a third offense is an unclassified misdemeanor. R.C. 4511.19(G)(1)(c).  A DUI becomes a fourth degree felony if it is a fourth offense within six (6) years. R.C. 4511.19(G)(1)(d).

Twenty Year Look-Back

A sixth or greater offense within a twenty year look-back period is a fourth degree felony. R.C. 4511.19(G)(1)(d).  Another harsh provision under Ohio law is the “once a felony, always a felony” rule contained in R.C. 4511.19(G)(1)(e), meaning that any future DUI regardless of how many years have passed is charged as a third-degree felony.  This means that if you have many years of sobriety in between DUI convictions, you still face a felony rather than having your case treated as a first-in-six misdemeanor offense.DUI defense attorneys have challenged the constitutionality of these look-back provisions on the grounds that they violated due process and that they are a retroactive application of laws.  In State v. Miccap, 2006-Ohio-2854 (Ohio Ct. App. 9th Dist, Summit County), the 9th District Court of Appeals rejected these arguments and upheld the enhanced punishments.  It stated that the penalties imposed were not enhancements punishing prior conduct, but punishing any violations that occur after enactment of the enhancement provision.  In State v. Brooke, 113 Ohio St.3d 199, 863 N.E.2d 1024 (2007), the court upheld the right of a defendant to challenge whether or not a prior conviction was conducted in accordance with the rule of law.  For a complete discussion of Attack on prior convictions, see Ohio Driving Under the Influence Law, Weiler & Weiler J., 2009-2010 ed., pp 333-335.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia,Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville 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 Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook 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. “All I do is DUI”

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Posted in DUI & Boating, DUI Out-of-State, Prior Offenses

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Top Ten Rules for Partying in Ohio

November 30th, 2012

Do you know the rules for avoiding an arrest and partying safely?

Rule #1: Don’t Drink and Drive

Ohio has some of the most stringent drunk driving laws in the county.  A first-time offender faces 180 days in jail and a one thousand seventy-five dollar fine, loss of their driver’s license for up to three years and enhanced penalties upon subsequent convictions.  A DUI (called an OVI in Ohio) is not subject to expungement, meaning it will be on your record forever, and subjects an offender to a six (6) year look-back period for enhancements and up to twenty (20) years for enhanced punishments for refusing an officer’s request to provide a breath, blood or urine sample.  In addition to the penalties you will face in court, you may face suspension from your school or other discipline. (Ohio Revised Code 4511.19)

Rule #2: Don’t Drink If You Are Under 21

It is illegal in Ohio for anyone under 21 to purchase, possess or consume an alcoholic beverage.  A conviction of Underage Consumption is a first degree misdemeanor and carries a maximum fine of $1,000.00 and/or up to six months in jail.  Despite efforts to lower the drinking age, the law remains rigidly enforced.  Athletes, students on scholarship and students who live in on-campus housing may face additional harsh penalties for underage drinking and be particularly vulnerable to the penalties that are sure to follow an arrest.  Ohio Revised Code Section 4301.69 contains most of the information concerning underage alcohol possession and use. Penalties are in Ohio Revised Code Section 4301.99.

Rule #3: Don’t Furnish Alcohol to Minors

Furnishing someone under 21 with alcohol is a first degree misdemeanor.  If you are providing the alcohol, make sure you know where it is going.  You may be responsible if an underage person consumes the alcohol and face harsh punishments.  Ohio regularly receives funding for programs aimed at curbing underage drinking and uses these funds to go after people providing the booze.  The bigger your party the more likely it is to draw attention from law enforcement.

Rule #4: Don’t Use a Fake ID

Just possessing  a fake ID is illegal in Ohio and is classified as a first degree misdemeanor.  Using the fake ID to purchase alcohol is punished by a mandatory $250.00 fine and may result in a 3 year driver’s license suspension.  A popular enforcement method is for police officers to serve as vendors in drive-through establishments:  “COPS IN SHOPS”

Rule #5: Don’t Drink Where You Shouldn’t

Ohio has an open container law.  It is a minor misdemeanor to possess in public an open container of an alcoholic beverage.  You are subject to a fine of up to $150.00 (a minor misdemeanor).  Possession of alcohol while in a car bumps the charge up to a fourth degree misdemeanor and subjects the offender to 30 days in jail. 4301.62 Opened container of beer or intoxicating liquor prohibited at certain premises.

Rule #6: Don’t Be Drunk In or Near a Car

Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. “Physical Control” is defined as being in the driver’s seat of a car and having possession of the vehicle’s keys.  Physical Control does not require that the vehicle have ever been driven or even started.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.”   The crime is one of potentiality, (i.e. you are so close to driving that we will punish you) and speaks to the growing neo-prohibitionist tendencies in Ohio law.

Rule #7:  Don’t Be Disorderly

Disorderly conduct can occur from simply being intoxicated in public.  Officers are given a great deal of discretion in determining what constitutes disorderly behavior.  Disorderly conduct occurs when one recklessly causes inconvenience, annoyance or alarm to another due to offensive conduct. Disorderly conduct also occurs when one makes unreasonable noise in such a manner as to violate the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.  While normally a minor misdemeanor ($150.00 fine) a disorderly conduct can be enhanced to a fourth degree misdemeanor (30 days jail/$250 fine) if an officer tells you to stop the behavior and you persist. See O.R.C. 2917.11 Disorderly Conduct.

Rule #8: Don’t burn stuff

Intentionally setting fire to property that might endanger other or their property, in fact damages the property of another and/or preventing police, fire or EMS personnel from doing their job is a violation of O.R.C. 2909.01 to 2909.0.  Students at public universities in Ohio who are found guilty of these crimes will lose all state-funded financial aid for two years.

Rule #9: Disperse When Instructed

Failure to disperse is also a crime in Ohio.  You should begin walking away and/or go indoors upon such an order. You must obey all lawful orders given by such persons at an emergency site.  A recent revision in the law makes a failure to disperse in situations such as campus area riots an offense for which you can be arrested and jailed. If you actively hamper police officers, firefighters, emergency medical personnel, and other public officials while they are doing their jobs you subject yourself to the charge of Misconduct During An Emergency.

Rule #10 Don’t Riot

The party is getting out of control.  If more than five people are engaging in disorderly behavior the party may be deemed a riot under Ohio law.  Your participation in a riot may subject you to criminal penalties. If there is violence involved the rioting gets bumped up to aggravated rioting.  Aggravated rioting is a felony level offense.  Those found guilty of rioting and aggravated rioting must be dismissed from their university and are not permitted to enroll in any state-supported institution of higher education for one year.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, 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 Twitter updates 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.comor write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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DUI In Xenia, Beavercreek or Fairborn? An Overview of Greene County Courts

September 24th, 2012

If you are arrested for DUI/OVI in Greene County, Ohio you will appear in one of the following courts.

  • Greene County Court of Common Pleas: The Greene County Court of Common Pleas is located at 45 N. Detroit St., Xenia, Ohio 45385 in the historic Greene County Courthouse.  The Court is responsible for felony level offenses (including felony level OVI offenses, Aggravated Vehicular Homicide and Aggravated Vehicular Assault cases) arising in Greene County, Ohio.  The Greene County Court of Common Pleas is presided over by the Honorable Stephen A. Wolaver (937) 562-5218, and the Honorable Michael A. Buckwalter (937) 562-5217. For information about a specific Greene County Common Pleas case, contact the Clerk of Courts at (937) 562-5290.  Greene County maintain two jail facilities, the Greene County Jail located at 77 East Market Street, Xenia, Ohio 45385, (937) 562-4840 and the Greene County Adult Detention Center, 2295 Greeneway Blvd., Xenia, Ohio 45385, (937) 562-5840.
  • O.V.U.A.C. (Operating a vehicle after underage consumption) and Juvenile OVI offenses are heard in the Greene County Juvenile Court, 2100 Greeneway Blvd., Xenia, Ohio 45385, (937) 562-4000.  The judge of the Greene County Juvenile Court is the Honorable Robert H. Hutcheson.  The Juvenile Detention Center is part of the Greene County Juvenile Court Complex, the west wing of the building, located at 2100 Greene Way Blvd., Xenia, Ohio  45385.
  • The Fairborn Municipal Court, located at at 1148 Kauffman Ave., Fairborn, Ohio 45324, maintains a copy of its fee schedule on its web site. The Fairborn Municipal Court serves Fairborn, Bath Township, Beavercreek and Beavercreek Township. The court conducts preliminary hearings in felony cases, handles traffic and non-traffic misdemeanors, and civil cases where the money in dispute does not exceed $15,000. The Greene County Common Pleas Court (Xenia) handles felony criminal cases.  You can contact the Fairborn Municipal Court at; (937) 754-3040 or by fax at  (937) 879-4422.  The presiding Judge of the Fairborn Municipal Court is Beth W. Root who became judge of the Fairborn/Beavercreek Municipal Court in January 2008.Fairborn/Beavercreek Municipal Court.
  • The Xenia Municipal Court is located on the second floor of Xenia City Hall, 101 N. Detroit Street. The XMC Probation Department is located at 64 E. Main St.Xenia Municipal Court.  Hours are 7:30 a.m. until 4:30 p.m. on Mondays, Tuesdays & Wednesdays.  Hours are 7:30 a.m. until 4:00 p.m. on Thursdays and Fridays.  You can contact the Xenia Municipal Court at (937) 376-7290.  The Xenia Municipal Court has jurisdiction for the cities of Xenia and Bellbrook; the villages of Yellow Springs, Cedarville, Jamestown, Spring Valley, and Bowersville; and the townships of Sugarcreek, Xenia, Cedarville, New Jasper, Silvercreek, Ceasarcreek, Miami, Jefferson, Ross, and Spring Valley. The Court’s jurisdiction also includes four college campuses: Central State University, Wilberforce University, Cedarville College, and Antioch College.  Law enforcement agencies located within the jurisdiction of the court include: Bellbrook Police Department; Cedarville Police Department; Central State University Police Department; Greene County Animal Control; Greene County Sheriff’s Office; Greene County Parks District; Jamestown Police Department; Ohio Department of Parks and Natural Resources; Ohio Department of Wildlife; Ohio State Highway Patrol; Sugarcreek Township Police Department; Wilberforce University Police Department; Xenia Police Division; and Yellow Springs Police Department.
  • The Yellow Springs Mayor’s Court hears misdemeanor offenses that occur in the jurisdiction of the Yellow Springs Police Department.  The Yellow Springs Mayor’s Court is held in the Byron Community Center, located at 100 Dayton Street just adjacent to downtown Yellow Springs.  The Byron Community Center also houses the Yellow Springs Police Department, which can be reached at: Non-Emergency: (937) 767-7206 or at dispatch@yso.com. For inquiries regarding court appearances, fine and costs amounts, court procedures and other court matters, you may call the Clerk of Court’s office at (937) 767-3400.  If you wish, you may remove your case from the Yellow Springs Mayor’s Court to the jurisdiction of the Xenia Municipal Court located at 101 N. Detroit St., Xenia, Ohio.  Removal is a decision that should be made only after a complete consultation with an attorney familiar with the Yellow Springs Mayor’s Court and the Xenia Municipal Court.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitterupdates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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Ohio Drunk Driving Law and the College Student

August 27th, 2012

If you get a DUI while attending an Ohio college or university the effects can be devastating.  It is vital that you speak to an attorney prior to making any legal decision that can affect your future.  Too many frightened and overwhelmed students choose to just plead guilty not knowing the life-long consequences their actions can have.

In a National Highway Traffic Safety Administration (NHTSA) survey, 44% of college students reported binge drinking at least once in the two weeks prior to being surveyed.  19% reported frequent binge drinking, and more than half of those admitted to drinking and driving in the 30 days prior to being surveyed. It is not surprising that college students are arrested for DUI in high numbers.  Charles M. Rowland II has helped college students in and around Dayton since 1995.  His experience includes representing students before Judicial Conduct Boards, and having full hearings before institutional investigative bodies.  He as also served as an adjunct professor for the Wright State University Honors Program and as a city prosecuting attorney in Greene County and has represneted students from most, if not all, of the local colleges and universities.  He can help you inside and outside the courtroom to achieve a fair resolution to your case. When the stakes are this high, it is important to discuss your options with a criminal defense lawyer who is experienced in representing college and university students.

On Campus Punishment. All colleges and university take alcohol and drug issues seriously.  If your school chooses to inject itself in your criminal case, the institutional punishment that you will face is spelled out in your Student Code of Conduct.  The decision to take action can depend on factors such as:

  • your previous history with the police,
  • your previous history of institutional infractions
  • the location of your offense (on-campuse or off?),
  • any publicity surrounding your case,
  • your age (did you obtain the alcohol legally?),
  • what major or program you are involved in,
  • whether you are a student-athlete,
  • whether you are involved in a fraternity/sorority,
  • whether you are a “scholarship” student,
  • a prior history of alcohol problems on campus,
  • any property damage,
  • how bad you make the school look to the larger community,
  • injuries to you or others;  and
  • the severity of the impact on the college community

If you have a federal scholarship and you are convicted of ANY drug offense, including a State misdemeanor marijuana charge, you will lose your scholarship for at least one year, and you could lose it permanently. Early reinstatement is possible if certain criteria are satisfied.  Begin your research by looking at your Student Code of Conduct.  Listed below are links to the Student Codes of Conduct of many of the Miami Valley Colleges and Universities

Institutional penalties for drug and/or alcohol offenses may  include: loss of scholarships and federal financial aid; loss of student housing; loss of college-related privileges (attending campus events, library use, etc.; temporary and/or permanent suspension), and you may be put on a probationary period.  The worst offenses may result in permanent expulsion from the school.  Some of these punishments may be levied even if the case does not result in a conviction for DUI.  Some schools show a great deal of leniency and understanding, others are notorious for harsh reactions. Charles is familiar with the special circumstances surrounding a DUI arrest in college.  He knows how awful it is to inform your parents that you were arrested and will work hard to educate and empower you and your family about your case.  He can help with issues caused by family being far away.  He can help get you driving privileges.  He will tell you about costs in a fair and up-front manner.  He will spell out your options about obtaining a “free attorney” either through the local Public Defender’s Office or via your campus pre-paid legal program.  Charles, and the entire staff of DaytonDUI will make you a priority.

Underage Consumption. Underage possession or consumption of beer or intoxicants is a serious crime in Ohio.  The charges are first-degree misdemeanors carrying a maximum penalty of 180 days in jail and up to a $1,000.00 fine.  Worse yet, a conviction may leave you with a “criminal record” which is much more serious than a fine or costs.  Fear, shame or guilt may compel you to want to plead guilty to put the charge behind you, but that decision may have long-lasting and unintended consequences.  If you are under 21 years old, drinking alcohol is illegal in the State of Ohio.  Ohio Revised Code 4301.69(E)(1) provides that “No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place.”

The same section provides for three recognized exceptions to the law, they are set forth below:

  1. If the person is in the “presence of their parent, legal guardian or spouse who is over 21 years old;”
  2. If the alcohol is consumed as part of a recognized religious service; and
  3. If the alcohol is prescribed for medical treatment.

Section 4301.69(E)(2), sets forth a diversion program for underage offenders.  It states, “[i]f the child completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the child’s record in the case sealed under sections 2151.356 to 2151.358 of the Revised Code. If the child fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.”  A child is ineligible for diversion if he or she has previously been diverted.  O.R.C 4301.69(A)-(C) also contain harsh penalties for furnishing alcohol to minors or providing them accommodations in which the “owner or occupant” allows a person to remain while the person is possessing or consuming alcohol.  Many times police will target the owner of a home, apartment or dorm room wherein minors are drinking.  If you are under 18 at the time of your arrest, your case will be prosecuted in the Juvenile Court.  Person under 21, but older than 18 will have their cases heard in the Municipal Court.  Often, resolving the matter in court is not the end of the process.  Most university students face a disciplinary hearing before a university review board or student government panel.

Long-term Ramifications. In addition to dealing with any penalties you may face in school, you have to be mindful of the long-term impact of a DUI conviction.  Most employers now routinely do a background check on candidates.  The job market is increasingly competitive and having a DUI on your record may be the difference in beginning your career or being unemployed.  If the career you are pursuing requires obtaining a professional license, it is even more important to fight your charge. Whether you are pursuing a career in medicine, law, nursing accounting or another profession, the licensing board will scrutinize your criminal record before granting you licensure.  Dayton, being a hub of the aerospace and defense industries, has a large number of employers who will require that applicants be eligible for high level security clearances.  Other jobs may require you to obtain fleet insurance, drive a company car or secure a commercial driver’s license.  A DUI can be a major obstacle.  Parents sometimes tell us that their children should pay the price if they are arrested for drunk driving while at college. Often parents do not realize how steep that price can be.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville 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 Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook 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. “All I do is DUI”

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Alcohol and Energy Drinks (by DaytonDUI.com)

August 23rd, 2012

One 23.5 ounce can of the Four Loko alcoholic ...

In 2005, the Drink Four  Brewing Company introduced Four Loko to the American malt beverage market. The name “Four” is derived from the original energy drink’s four main ingredients: alcohol, caffeine, taurine, and guarana.  There are three product lines within the Four brand:

  • Four Loko — contains either 6%, 8%, or 12% alcohol by volume (ABV), depending on state regulations, and is packaged in 23.5 oz. cans
  • Poco Loko — contains 8% alcohol by volume (ABV), and is packaged in 16 oz. cans
  • Four Loko in bottles — contains either 6% or 8% alcohol by volume (ABV), and is packaged in 11.2 oz. glass bottles

Original formulations of both beverages were a malt liquor-based, caffeinated alcoholic energy drink with added guarana and taurine. The formulations were developed by three alumni of The Ohio State University: Chris Hunter, Jeff Wright, and Jaisen Freeman.  Almost immediately following the introduction of the drinks, a coalition formed in opposition to the beverage.  Critics suggested that consuming energy drinks with alcohol can be harmful in reducing the perception of alcohol intoxication and/or in leading to increased alcohol or drug consumption.

In 2009, a group of US state attorneys general began active investigations of companies which produced and sold caffeinated alcohol beverages, on the grounds that they were being inappropriately marketed to a teenage audience.  The attorneys general were also concerned that these drinks could pose health risks by masking feelings of intoxication.  Colleges and universities joined the chorus against the beverages in 2010 when they began to see injuries and blackouts related to the drink’s use.  The University of Rhode Island banned this product from their campus on November 5, 2010. [sourced via Wikipedia].  Several stores, including Tops Markets, Price Chopper and Wegmans have voluntarily pulled the product from their shelves.

Under mounting pressure, Phusion withdrew Four Loko from the State of New York in November, 2009.  The beverage was banned in Oregon by a 4-1 vote of the Oregon Liquor Control Commission in that same month.  Citing health and safety concerns, Oklahoma joined the movement against the sale of Four Loko.  Michigan soon followed suit.  Id.  According to a statement from the Michigan Liquor Control Commission, “The decision was made in light of several studies regarding alcohol energy drinks, the widespread community concerns aired by substance abuse prevention groups, parent groups and various members of the public, as well as the FDA’s decision to further investigate these products.” [source]  The New York State Liquor Authority moved for a full  ban as of November 19, 2010. New York state senator Chuck Schumer and New York City councilman James Sanders Jr. have approached the Obama administration to ban Four Loko across the state of New York.  Ohio did not join the stampede.  Instead, they took a wait and see approach.  ”We are continuing to monitor the situation,” a representative of the Ohio Department of Commerce Division of Liquor Control said. “However, a legislative change would be needed to the statute in order for the superintendent to disapprove a product.” [source]

On November 17, 2010 the U.S. FDA Food and Drug Administration dropped the proverbial hammer.  They issued a warning letter to four manufacturers of caffeinated alcohol beverages citing that the caffeine added to their malt alcoholic beverages is an “unsafe food additive” and said that further action, including seizure of their products, may occur under federal law.  It declared that beverages that combine caffeine with alcohol, such as Four energy drinks, are a “public health concern” and can’t stay on the market in their current form.  But is this drink really a public menace?

As reported at Alcohol Problem and Solution, a site maintained by Dr. David J. Hanson of the State University of New York, the research does not support the level of outrage generated by the public.  To examine the scientific evidence on the effects of mixing energy drinks and alcohol, a review of the research was conducted. It found

  • virtually no evidence that energy drinks influence any behavioral effects of alcohol,
  • no reliable evidence that energy drinks effect the perceived level of intoxication by drinkers,
  • no evidence that mixing energy drinks and alcohol leads to alcohol or drug abuse or dependence, and
  • no adverse health effects for healthy individuals from combining energy drinks and alcohol.

The review was conducted by researchers at the Utrecht Institute for Pharmaceutical Sciences at Utrect University, Utrecht, The Netherlands, and published in the International Journal of General Medicine.  If you wish to review the research, please consult the following:

  • Greenemeier, L. Why Are Caffeinated Alcoholic Energy Drinks Dangerous? Scientific American, November 9, 2010.
  • Hendrick, B. Dangerous Cocktail: Energy Drinks + Alcohol: Mixing Booze With Energy Drinks Triples Risk of Getting Drunk. WebMD Health News, February 12, 2010.
  • Join Together Staff. Combining Energy Drubks with Alcohol More Dangerous than Drinking Alcohol Alone. JoinTogetherOnline.com, April 18, 2011.
  • Jones, S.C., et al. Why (not) alcohol energy drinks? A qualitative study with Australian university students. Drug and Alcohol Review, published online May 24, 2011. DOI: 10.1111/j.1465-3362.2011.00319.x
  • Minderhout, C. Energy Drinks and Alcohol Still a Risky Mix. Food Safety News, May 2, 2011.
  • Park, A. A Bad Mix: Why Alcohol and Energy Drinks Are Dangerous:
    Healthland Time, April 18, 2011.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville 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 Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook 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. “All I do is DUI”

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