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,…
Most people charged with a first-offense DUI (called ‘OVI’ in Ohio) are not aware of the possible consequences. When someone in that situation learns the sentence for a first OVI conviction in Ohio includes a mandatory minimum jail term of three days, it can be frightening. However, judges are authorized…
Imagine you are totally sober, but your child’s daycare calls the police and reports you may be intoxicated. Imagine further the police make you perform field sobriety tests while your toddler is running around on the sidewalk. Now imagine you are prosecuted for DUI (called ‘OVI’ in Ohio) and Child…
Can you get a DUI (called ‘OVI’ in Ohio) on a vehicle which is not motorized? Like many legal questions, the answer is, ‘maybe’. A person involved in a recent ‘pedal pub’ incident found out the hard way the answer is ‘yes’ when operating a mobile bar in Georgia. But…
The recent arrest of former U.S. Women’s Soccer goalie Hope Solo resulted in significant media coverage. As articles like this one from CNN reported, Solo was charged in North Carolina with DWI and Child Abuse. What North Carolina calls ‘DWI’, Ohio calls ‘OVI’. What North Carolina calls ‘Child Abuse’, Ohio…
Utah is apparently leading the way in traffic safety measures. This blog’s last article discussed Utah’s lowering of the ‘legal limit’ for blood alcohol concentration to .05. Now, Utah is working on a law which makes it illegal for an individual to be under the influence when using a vehicle’s…
We are in favor of government measures to reduce impaired driving. We are not in favor of the government providing misleading reports to the public about those measures. In 2019, Utah introduced a measure to reduce impaired driving: it lowered the ‘legal limit’ for driving with a blood alcohol concentration…
When I vacation in other states, people ask me where I’m from. When I say “Columbus”, I usually have to add “Ohio”. I have learned that very few people travel to Ohio for vacation. Some people do travel here for business and personal trips. Whether here for a business trip,…
Although it is starting to look like it, this is not a blog about NFL players charged with DUI (called ‘OVI’ in Ohio). Recent articles discussed the cases of Henry Ruggs III and Geno Smith because those cases illustrated legal concepts related to DUI/OVI. The last article, about Geno Smith’s…
I heard a report that Geno Smith, quarterback for the Seattle Seahawks, was stopped for speeding and arrested on suspicion of DUI (called ‘OVI’ in Ohio). My first thought was, “speeding doesn’t sound like evidence of DUI”. It turns out Smith was allegedly going 96 mph in a 60 mph…