You probably have heard of the Breathalyzer, but probably not the Brushalyser. Now you have. The Brushalyser is at the intersection of oral hygiene and traffic safety: it’s a toothbrush which doubles as a portable breath alcohol test. But should you rely on your toothbrush to determine whether it’s safe…
Ohio’s DUI laws (called ‘OVI’ in Ohio) criminalize driving with a prohibited breath alcohol concentration. To determine whether a person has a prohibited breath alcohol concentration, law enforcement officers use breath-testing machines. If a person refuses a breath test, there are consequences. However, differences in height, age, gender, and smoking…
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…
I recently came across this article in an Ohio newspaper: Judge Denies Motion to Suppress Evidence. What does that mean in a DUI case (called ‘OVI’ in Ohio)? When a judge orders that evidence is suppressed, the evidence is excluded from trial. That means, even though the evidence existed, the…
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…
We’ve used this space in the past to discuss issues with Ohio’s approach to DUI (called ‘OVI’ in Ohio) cases involving marijuana. The rising prevalence of marijuana OVIs following Ohio’s legalization of medical marijuana has shown Ohio’s OVI laws are woefully out-of-date to deal with these issues. A recent bill…
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…
In DUI cases (called ‘OVI’ in Ohio), a defendant is sometimes charged with two OVI charges. One charge is OVI ‘impaired’, based on operating a vehicle under the influence of alcohol and/or drugs. The other charge is OVI ‘per se’, based on operating a vehicle with a prohibited concentration of…
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,…
Determining whether a driver is under the influence of marijuana is challenging. The standardized field sobriety tests used to predict alcohol levels are ineffective for marijuana intoxication. Levels of THC and its metabolites in blood and urine are not closely correlated with marijuana intoxication. So, how can law enforcement determine…