Police officers in Georgia are being trained to draw blood from drivers suspected of DUI (called ‘OVI’ in Ohio). Typically, a person arrested for OVI in Ohio is taken to a police station for a breath test or urine test. Occasionally, an OVI suspect is taken to a hospital for…
A few days before the Kansas City Chiefs were to play in the Super Bowl, assistant coach Britt Reid (son of head coach Andy Reid) was involved in a three-car accident which left a five-year-old in critical condition. Earlier this month, Britt Reid was charged with the felony offense of…
Many people charged with DUI (called ‘OVI’ in Ohio), especially those charged with a first offense, feel like they are in the dark. They do not understand the elements and consequences of OVI, and they do not know what to expect in the court process. They also are uncertain about…
When people think of a DUI charge (called ‘OVI’ in Ohio), most think of drunk driving. This is where the bulk of the money and effort have been concentrated to raise awareness: think of the “Buzzed Driving is Drunk Driving” or “Over the Limit, Under Arrest” advertising campaigns. However, with…
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.…
Over the past couple of years, this blog has followed and discussed the United States Supreme Court’s decision in Mitchell v. Wisconsion. While Supreme Court decisions can seem like seismic shifts in the law when they are issued, the reality is it often takes time for their effects to be…
A semi rolled-over and spilled about 11,000 salmon onto the highway. As the fish flopped around on the road, the truck driver was charged with DUI. But it turned-out he had ‘auto-brewery syndrome’, a condition in which his body makes its own alcohol. This condition is rare but has been…
In Ohio DUI/OVI cases, the prosecution sometimes introduces expert testimony. If a prosecutor intends to do so, the prosecutor must provide the defense attorney with a written report summarizing the expert’s testimony. According to the Ohio discovery rules, the report must be disclosed to defense counsel at least 21 days…
OVI trials sometimes involve testimony from expert witnesses. Those witnesses include pharmacologists who testify about the accuracy of the defendant’s breath test result. A recent decision from an Ohio Court of Appeals demonstrates the importance of assessing the quality of the expert witness report and evaluating the utility of anticipated…
It makes the roads safer, except when it makes the roads more dangerous. It’s a fair consequence for a person convicted of DUI/OVI, except when it’s unfair. The ignition interlock device has been used increasingly by Ohio and most other states to prevent drunk driving. As illustrated by a recent…