Tag Archives: DUI Lawyer

College Students and Binge Drinking

While there is not a consensus definition of what "binge drinking" is, we know that college students do a lot of it and they do it with beer.  When a person consumes heavily with the intention of achieving intoxication above .08% BAC, they are 74.4 percent of the time doing it with beer. (Nami, et…
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St. Patrick’s Day DUI Blitz

It's here... OVI checkpoint season has begun in Ohio.  The following counties have announced increased grant-funded (saturation) patrols starting Friday, March 13th: Miami County, Montgomery County, Greene County, Warren County. Montgomery County will hold two sobriety checkpoints and we will bring you the locations as soon as we get the word. Middletown OVI checkpoint: The…
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Alcohol Flush Reaction: An Allergy to Alcohol

Have you ever heard anyone say that they are "allergic" to alcohol?  Well, if the person is of Asian descent, they may have a common reaction to alcohol know as Alcohol Flush Reaction. Studies have shown about a third of Japanese, Chinese, and Koreans respond to alcohol by turning red. The reaction is a condition…
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OVI Law: Elimination of Alcohol By Oxidation

OVI 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…
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Is It A Crime To Refuse To Take A Breath Test?

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…
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Rowland To Train As Drug Recognition Expert

Later 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…
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DUI Case Law Update: State v. Ilg

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…
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Burden Shifting At A Motion To Suppress Hearing

A 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…
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The Ohio Investigative Unit Conducts “Trace Back Investigations”

The 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…
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Urine Testing: No Privacy For You!

The rules for urine testing in Ohio are set forth at Ohio Administrative Code 3701-53-05 & 3701-53-06.  At O.A.C. 3701-53-05, it is clearly stated that a urine test must be witnessed.  It states at subsection (D), (D) The collection of a urine specimen must be witnessed to assure that the sample can be authenticated. Urine…
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