Four months after Brittany was arrested and charged with OVI, the government charged her with a second count of OVI. In November, Brittany was arrested for OVI. On the day of her arrest, she submitted a urine sample, and she was charged with OVI. Three weeks later, the urine sample was analyzed, and the result was provided to the police department. In March, four months after the arrest, the police department charged Brittany with a second count of OVI based on the result of the urine test. Isn’t that a violation of her right to a speedy trial?
That question was answered last week in State Of Ohio v. Brittany Wieland. This issue has been addressed by different Ohio courts of appeals but has never been directly addressed by the Ohio Supreme Court. The Ohio appellate courts have reached different conclusions because the issue is not simple. The situation involves two OVI charges and two types of speedy trial rights.
The two different OVI charges involved in this case are OVI ‘impaired’ and OVI ‘per se’. For the charge of OVI ‘impaired’, the government must prove the defendant’s ability to drive was impaired by alcohol. For the charge of OVI ‘per se’, the government must prove the concentration of alcohol in the defendant’s urine exceeded .109 (the equivalent of .08 in blood).