When an officer arrests a driver for DUI (called ‘OVI’ in Ohio), the officer typically requests that the driver consent to a blood, breath, or urine test. However, a statute in the Ohio Revised Code (section 4511.191) says a driver arrested for OVI implicitly consents to those tests. Can a driver arrested for OVI revoke that consent? This question has not been directly addressed in Ohio but was recently answered by the Supreme Court of Colorado.
The Ontario Provincial Police (OPP) recently implemented a policy of administering a breath alcohol test to every driver stopped for a traffic offense. Even if the stop is for a minor violation, and even if the officer has no suspicion the driver is under the influence, the driver must submit to a breath test. Refusing the test is a criminal offense. Could this happen in Ohio?
Patrick Mahomes, Sr. was indicted for drunk driving in Texas. According to Spectrum News, Mahomes has two prior DWI convictions. In Texas, a third DWI (called ‘OVI’ in Ohio) is a felony offense which carries a prison term of two years to ten years. But what if a person is charged with a felony OVI in Ohio? Continue Reading
In Ohio, there is a difference between a ‘vehicle’ and a ‘motor vehicle’. In cases of Vehicular Homicide and Vehicular Assault, the difference matters. The Ohio Supreme Court recently decided an Aggravated Vehicular Assault case in which the defendant’s guilt hinged on the definition of ‘motor vehicle’. The Court’s decision affects both vehicular assault and vehicular homicide cases.
A truck driver hauling 43,000 pounds of beer was charged with DUI (called ‘OVI’ in Ohio). According to KRCR TV, the driver’s blood alcohol content was ‘over the limit’ for both commercial drivers and non-commercial drivers. While the irony of a beer deliverer being charged with DUI may sound comical, a commercial driver would find nothing funny about being charged with OVI. For holders of a commercial driver’s license (CDL), the rules related to OVI are strict, and the consequences are severe.
I came across an article about a pending bill in South Dakota which proposes expanding the scope of driving privileges for people convicted of DUI (called ‘OVI in Ohio). It reminded me that, in Ohio, driving privileges related to OVI are often misunderstood. This article clarifies Ohio law regarding limited driving privileges and describes how driving privileges work in practice.
Muhammad Wilkerson, former defensive end for the New York Jets, was arrested for Operating a Vehicle under the Influence and Unlawful Possession of a Loaded handgun. Wilkerson’s arrest occurred in New Jersey. If Wilkerson were arrested for these offenses in Ohio, he would be charged with OVI and Improperly Handling Firearms in a Motor Vehicle. This article describes the elements, court process, and potential penalties for these offenses in Ohio.
As of today, recreational marijuana use is legal in Ohio. What is not legal is operating a vehicle under the influence of marijuana. Ohio has five laws related to cannabis and cars, and those laws remain unaffected by Ohio’s legalization of recreational marijuana.
After a domestic dispute, an Ohio woman intentionally hit a man with her car and was charged with Aggravated Vehicular Assault. According to a recent story by WHOTV7, the woman drove her SUV over a sidewalk and into a yard to hit the man. That does sound intentional. When it comes to vehicular crimes in Ohio, is intent necessary?
Following a DUI arrest (called ‘OVI’ in Ohio), it is common for an officer to search the suspect’s vehicle before having the vehicle towed. This ‘inventory search’ is an exception to the general requirement of a search warrant. For an inventory search to be valid, it must be done in accordance with the policy of the law enforcement agency. A recent case decided by the Ohio Supreme Court addressed what evidence is necessary to prove the search complied with the law enforcement agency’s policy. Continue Reading
Columbus OVI/DUI Attorney Blog