DUI/OVI enforcement

October 24, 2020

Should Ohio Repeal The Marijuana DUI/OVI ‘Per Se’ Law?

Marijuana-Laws-book-300x200 Most states now have some form of legalized marijuana. Thirty-four states (as well as D.C., Guam and Puerto Rico) have medical marijuana programs, and ten states permit recreational marijuana use. The states with recreational marijuana have questioned whether marijuana legalization results in more traffic accidents. According to a recent article in the USA Today, the answer seems to be ‘no’. Nevertheless, Ohio aggressively enforces a flawed marijuana DUI law (called ‘OVI’ in Ohio).

September 12, 2020

Auto-Brewery Syndrome Can Lead To DUI / OVI Charges

by Shawn Dominy

Fermentation-300x200 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 identified many times. For a person charged with DUI (called ‘OVI’ in Ohio) who drank no alcohol, auto-brewery syndrome may be responsible.

August 8, 2020

What If An Officer Asks To Search Your Car During a Traffic Stop?

by Bryan Hawkins

In my experience as a criminal defense attorney, I have seen countless cases which began as simple traffic stops but escalated quickly into something far more complicated. Those more complicated cases often result from the officer searching my client’s vehicle and finding something illegal. Frequently, the officer’s search is based on the driver’s consent to the search. But what if the officer asks to search the vehicle and the driver doesn’t explicitly say yes or no? This question was answered in a recent appellate decision, and the answer can impact Ohio DUI/OVI cases.

May 21, 2020

How Are Central Ohio Courts Operating In The Era Of COVID-19?

by Bryan Hawkins

Over the past few months, courts in Central Ohio took a variety of steps to deal with the unprecedented challenges presented by the Coronavirus Pandemic. As the State of Ohio moves toward ‘reopening’ in this new reality, central Ohio courts are beginning to release plans on how they will operate in a way which will minimize the risk to court personnel, judges, attorneys and others with business before the court. Some courts have decided to publish their plans for reopening even before the release of the Supreme Court’s guidelines. Not every court has released such plans yet, so we will update this post as more information becomes available.

March 17, 2020

Courts In Central Ohio Respond To Coronavirus Pandemic

by Bryan Hawkins

Updated April 10, 2020

The ongoing coronavirus (COVID-19) pandemic has had a profound effect on nearly every aspect of American society. From closing schools, bars and restaurants to banning public gatherings over a certain size, Ohio has followed expert advice to keep people physically separated as much as possible. To reflect this new reality, and to encourage social distancing, most courts in central Ohio are implementing changes, including limitations on court appearances. Below are the specific changes being implemented by the central Ohio courts in which the Dominy Law Firm practices.

January 11, 2020

‘Times’ Article Raises Questions About Ignition Interlock Devices

by Shawn Dominy

Ignition-interlock-in-use-300x200 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 article in The New York Times, the device intended to encourage safe roads and fair punishment has actually caused accidents and unjust punishments. What should Ohio do?

October 19, 2019

Don’t Be A Target Of DUI / OVI Investigations

by Shawn Dominy

White-SUV-300x207

You may be more of a target than you think. When you think about people arrested for drunk driving, do you picture a car driving erratically all over the road? That’s a common misconception. Most stops resulting in DUI/OVI charges are for minor offenses: failing to signal, driving a little over the speed limit, crossing a lane line one time. Some are even for non-moving violations: burned-out headlight, no license plate light, expired registration. A case decided last week by the Ohio Supreme Court illustrates how a minor violation can lead to more serious charges.

September 14, 2019

Ohio DUI / OVI And Diversion Programs

by Bryan Hawkins

The consequences of an OVI/DUI conviction can go well beyond the fines, jail time, and license suspensions imposed by a Judge. Collateral effects like higher insurance premiums and lost employment opportunities can follow someone well after their case has been resolved in court. Some states, even notoriously tough-on-crime states like Texas, allow first-time OVI/DUI offenders to avoid the long term consequences of a conviction by completing a pretrial diversion program.

August 24, 2019

Should Ohio Use Roadside Drug Test For Marijuana DUI / OVI?

by Bryan Hawkins

Mouth-swab-300x200 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 company Drauger developed the DrugTest 5000. This system uses a mouth swab, taken roadside, to help determine if a driver is under the influence of marijuana or other drugs. The DrugTest 5000 has been in use in Norway since 2015 and has seen growing use in the United States. This test, however, is probably not the solution for law enforcement’s problems.

August 3, 2019

Auto Insurance And DUI / OVI In Ohio

by Shawn Dominy

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If you think about the consequences of getting a DUI (called OVI in Ohio), the first thing which comes to mind is probably the sentence from the court. There is good reason for that: the sentence includes a mandatory jail term, license suspension, and fine as well as possible yellow plates, ignition interlock, and probation. In addition to the sentence imposed by the judge, however, there are collateral consequences for DUI/OVI convictions. One of those consequences is skyrocketing auto insurance premiums.