Tag Archives: ovi law

Holiday DUI Blitz Begins December 6th

The Ohio State Highway Patrol announced its annual "Holiday DUI Blitz."  The 6-State Trooper Project is a multi-state law enforcement partnership aimed at providing combined and coordinated law enforcement and security services in the areas of highway safety, criminal patrol and intelligence sharing. The holiday dui  initiative will take place from Friday, December 5 at…
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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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What Is A Horizontal Gaze Nystagmus Test?

What is the Horizontal Gaze Nystagmus Test? Alcohol is a central nervous system depressant affecting many of the higher as well as lower motor control systems of the body. This results in poor motor coordination, sluggish reflexes, and emotional instability. The part of the nervous system that fine-tunes and controls hand movements and body posture…
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Are DUI Laws A Sophisticated Form Of Gaslighting?

How does "gaslighting" relate to Ohio DUI laws? In the 1944 film Gaslight, Ingrid Bergman's character  Paula Alquist Anton meets and marries the charming Gregory Anton played by Charles Boyer.  The husband does everything in his power to isolate his wife from other people. He allows her neither to go out nor to have visitors,…
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DUI Law Update: MADD Gets Its Cake And Eats It Too!

This DUI law update sets forth an alternate interpretation of MADDs attempt to pass Annie's Law.  Is it possible that MADD has seen the error of its ways and is seeking to do damage control?  The most common complaint about DUI enforcement in the State of Ohio concerns the ability of a police officer to…
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OVI Trial Practice: Admission of the Alcohol Influence Report

The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation.  Most of the forms require that the officer simply check the predetermined indicator.  Not surprisingly, all the officer's observations fall neatly into these predetermined areas. The report…
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DUI Law: What Did SCOTUS Say In Missouri v. McNeely

If you have been following developments in DUI law, you have no doubt heard about the United States Supreme Court decision in Missouri v. McNeely, 133 S.Ct. 1552 (2013).  The case deals with when, and under what circumstances the government is required to seek a warrant prior to drawing blood from a suspected DUI offender.…
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Determining Probable Cause For An OVI Offense

A warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974).  In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding…
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First Offense Kettering OVI – What Is Going To Happen To Me?

A first offense Kettering OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense OVI 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…
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Judges Express Concerns Over Ignition Interlock Implementation

As Ohio is contemplating "Annie's Law" which would require Ignition Interlock Devices for every first-time OVI offender, it is important to look at how implementation went in other states.  The National Highway Traffic Safety Administration recently released a report on Arizona's adoption of the law. DOT HS 812 025, Ignition Interlock: An Investigation into Rural…
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