According to a story by NBC4i, the Ohio State Highway Patrol reports that 30% of DUI arrests (called ‘OVI’ in Ohio’) come from repeat offenders. In Ohio, the mandatory OVI penalties increase with every conviction in ten-years (called the ‘lookback period’). Those penalties include vehicle sanctions, license suspensions, incarceration, and other consequences.
Articles Posted in DUI/OVI in the news
Ohio’s Distracted Driving Laws
With the media reporting the recent changes to Ohio’s distracted driving laws, Ohio drivers probably have questions. In what circumstances am I prohibited from using a cell phone when I’m driving? In what circumstances am I permitted to use a cell phone when I’m driving? What is the law on ‘distracted driving’? Can I be stopped for violating these laws? What are the penalties if I’m caught? What if I am under 18? This article answers those questions.
Change of Venue for Serious Vehicular Crimes in Ohio
The issue of venue recently arose in an Ohio Vehicular Homicide case. As reported by the Leader-Telegram, the defendant was accused of hitting two highway workers in Clark County. As a result of the collision, one worker died, and the other was seriously injured. The defense attorney filed a motion for change of venue. What is venue, and when can it be changed?
Where Does Ohio Rank for Drunk Driving Rates?
Everything gets ranked these days, including sports teams, colleges, students, lawyers, vacations, and products. For products, you can find lists of everything from the best weight-loss pills to the best vacuum cleaners. Neither of those is recommended as a gift, by the way, even though it is the holiday season. And because it is the holiday season, one thing being ranked is drunk driving rates. A recent Forbes article compares the rates among the 50 states and D.C.
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 law enforcement agencies implement oral fluid testing. This testing method has some advantages over currently used drug tests, but it also has drawbacks.
Blood Test Clears Sober Parent of DUI and Child Endangering
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 Endangering and your child is taken away from you for two months, only for a blood test to show no alcohol or drugs, because you were totally sober. Katie Slayton does not have to imagine it: it happened to her. Her experience was the perfect storm of circumstances in a DUI/OVI investigation.
Pedal Pubs and DUI/OVI on Non-Motorized Vehicles in Ohio
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 what about Ohio?
DUI / OVI and Child Endangering in Ohio
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 calls ‘Child Endangering’. Solo’s reported incident illustrates what happens when a driver is accused of being under the influence with children in the vehicle.
Prosecuting Drivers of Automated Vehicles for DUI/OVI in 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 driver assistance system. Under the new law, a driver cannot escape criminal liability for DUI (called ‘OVI’ in Ohio) by claiming they were not ‘driving’ the vehicle. The same is true in Ohio, without a new law.
Does Reducing the ‘Legal Limit’ to .05 Make the Roads Safer?
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 (BAC) from .08 to .05. A recent press release from NHTSA (the National Highway Traffic Safety Administration) reports that traffic deaths in Utah decreased when the state lowered its ‘legal limit’ to .05. The press release is misleading.