Columbus OVI/DUI Attorney BlogImagine you have been arrested for a D.U.I. (O.V.I. in Ohio), and the officer is requesting that you submit to a blood, breath or urine test. You don’t know what you should do, so you ask to speak with an attorney before you make a decision. But the officer doesn’t let you. Is this a […]
Search Results for: BREATH TEST
Should I Take The Breath Test In An Ohio OVI Case?
As a D.U.I. defense attorney, this is one of the most frequently asked questions I receive (second only to “how can you do that?”). The answer is surprisingly complicated: it depends on factors that include how much alcohol you drank, whether you are more concerned about the short-term or long-term status of your driver’s license, […]
Discarding Evidence In DUI / OVI Breath-Test Cases
A police officer discarded evidence that a DUI suspect blew under the ‘legal limit’. According to WCNC, the suspect was involved in a one-car accident and pulled her vehicle into a gas station parking lot. An officer went to the gas station and had the suspect perform field sobriety tests. The officer took the suspect […]
Breath Alcohol Tester From ‘Shark Tank’ Settles FTC Complaint
A smartphone app for breath-alcohol-testing was so promising that all five investors on Shark Tank collaborated on a deal for the first time. In 2013, Charles Yim went on the show and pitched his app to the Sharks. The Sharks collectively invested $1 million in Yim’s company Breathometer, Inc. for 30% of the company’s equity. […]
Driving School Tests Skills of Drunk Drivers
The Chikushino Police Department has a program in which driving instructors test the driving skills of volunteers who are under the influence of alcohol. According to a CNN article, testing impaired drivers is part of a drunk driving awareness campaign. In Ohio, we do not use drunk driving exams to determine if drivers are impaired […]
New Ohio DUI/OVI Regulations Authorize Oral Fluid Testing
In November of 2022, an article in this blog reported the state of Ohio intends to use oral fluid testing in the future. The future is here. When NBC4 reported on the Traffic Safety Council’s recommendation of oral fluid testing for DUI cases (called ‘OVI’ in Ohio), the Ohio Department of Health had already passed […]
Coming to Ohio: Oral Fluid Tests for DUI/OVI
According to a news report by NBC4 Columbus, the state of Ohio intends to use oral fluid testing to obtain evidence of drugged driving. In the video from NBC4, the Ohio Traffic Safety Council indicates there are increasing numbers of crashes caused by drug-impaired drivers. To combat this problem, the Traffic Safety Council recommends that […]
Effects of Prior Test Refusals and Convictions on Ohio DUI/OVI Sentences
Suppose a person is charged with DUI (called ‘OVI’ in Ohio) and that person previously refused an alcohol/drug test when arrested for OVI. Can that person’s sentence be enhanced for the current OVI based on the prior refusal? This question was recently addressed by the Wisconsin Supreme Court. In Ohio, this question is addressed in […]
Should Ohio Use Roadside Drug Test For Marijuana DUI / OVI?
The ever-growing number of states which have legalized either medical marijuana or recreational marijuana has created a number of issues for law enforcement and the justice system. Chief among those issues is the challenge of enforcing laws against operating a vehicle under the influence of marijuana. In an effort to overcome this challenge, the Norwegian […]
High Court Hears Oral Argument In Third Case Involving Warrantless Blood Test
The United States Supreme Court recently heard oral arguments in the case of Mitchell v. Wisconsin. As this blog discussed previously, this the third case in a series of cases dealing with whether the police can take a DUI/OVI suspect’s blood without a search warrant. The questions and statements from the bench during the oral […]