Columbus OVI/DUI Attorney Blog

June 30, 2016

U.S. Supreme Court Decides Constitutionality Of Warrantless Blood Tests And Breath Tests In DUI Cases

Last week, the United States Supreme Court released a decision in a trio of cases involving DUI refusal laws. A previous article in this blog gives a preview of the cases. To decide the outcomes of those cases, the court analyzes whether search warrants are required before law enforcement officers can administer breath tests and blood tests. Based on that analysis, the Court decides whether states can make it illegal to refuse chemical tests in DUI cases. The Court’s decision will impact Ohio DUI/OVI cases.

May 21, 2016

Ohio Drugged Driving Law: Must Be Nexus Between Drug And Driving Impairment

by Shawn Dominy

The only presumption permitted in an Ohio DUI/OVI trial is the presumption the defendant is not guilty. In a case alleging drugged driving, the prosecution must prove the defendant ingested a drug, and the prosecution must prove the defendant’s ability to drive was impaired. Finally, as a recent case illustrates, the prosecution must prove causation: the impaired driving ability was caused by ingesting the drug.

May 14, 2016

False Arrest Claims – Your Options After The DUI/OVI Case Is Over

by Shawn Dominy

I have recently had the privilege of working on OVI cases with attorney Eric Holloway. In addition to OVI defense, Eric also represents clients in civil rights cases, including cases involving false arrest. As a follow-up to the last blog entry, ‘Uncovering False Arrests In DUI/OVI Cases’, I asked Eric to summarize the options of a person falsely arrested for OVI. Eric agreed to be a guest blogger and prepared the remainder of this article.

April 30, 2016

Uncovering False Arrests In DUI/OVI Cases

by Shawn Dominy

Officer Richard Fiorito was a DUI supercop. He was honored by Mother’s Against Drunk Driving (MADD) for his efforts to combat DUI, and he was named a ‘top cop’ by the Alliance Against Intoxicated Motorists (AAIM). According to Inthesetimes.com, Fiorito averaged one DUI arrest each day he worked. He was like a superhero fighting to keep the Chicago streets safe: it was almost too good to be true.

April 23, 2016

Ohio DUI/OVI Refusal Law May Be Affected By Cases In U.S. Supreme Court

by Shawn Dominy

Suppose a police officer comes to your home tonight without a warrant and wants you to consent to a search of your residence. If you are like most people, you would say ‘no’: you would assert your Fourth Amendment right to be free from unreasonable searches and seizures. Now suppose the government makes it a crime for you to refuse to consent to the search. That’s what Ohio and several other states have done with DUI laws which criminalize refusing a breath/blood/urine test. Those laws are the subject of cases currently before the United States Supreme Court.

March 26, 2016

Person Medically Incapable Of Urinating Is Not ‘Refusing’ The Test

by Shawn Dominy

A judge in Columbus, Ohio found a man to be in violation of probation because the man was unable to urinate upon request. The judge was aware the defendant, Mr. Hand, had medical problems which caused urinary difficulties and was taking medication designed to increase his urination. Nevertheless, the judge concluded Mr. Hand’s inability to urinate constituted a “refusal” to submit to a urine test. Individuals placed on probation for DUI/OVI in Ohio do not have this kind of experience, ordinarily. But this was no ordinary case.

March 19, 2016

OACDL Seminar: The Premiere Ohio DUI Defense Seminar

by Shawn Dominy

Last week was the annual DUI/OVI seminar presented by the Ohio Association of Criminal Defense Lawyers (OACDL). One of the slogans now attached to the seminar is ‘The Premiere Ohio DUI Defense Seminar’. When I hear that slogan, two questions come to mind:
1. Are there any other Ohio DUI defense seminars?
2. If so, what makes this one the ‘premiere’ seminar?

February 27, 2016

Class Action Lawsuit Challenges DUI Administrative License Suspensions

by Shawn Dominy

Ohio takes drivers’ licenses before a person is found guilty of DUI/OVI. If a person is arrested for DUI/OVI and tests over the limit, or refuses to test, that person’s license is suspended immediately. No judge reviews the circumstances beforehand to determine if the suspension should be imposed. Instead, the executive branch of the government takes the driver’s license automatically.

February 20, 2016

Refrigerating Blood And Urine Samples In Ohio DUI/OVI Cases

by Shawn Dominy

When a person is arrested for DUI/OVI in Ohio, the arresting officer typically asks the person to submit to a breath, blood or urine test. For a test result to be admissible in court, the test must be administered in compliance with regulations issued by the Ohio Department of Health. One regulation requires refrigeration of blood and urine samples, and that regulation was the subject of a recent case decided by the Ohio Supreme Court.

January 30, 2016

The Speedy Trial Clock In Ohio DUI/OVI Cases With Blood Or Urine Tests

by Shawn Dominy

Four months after Brittany was arrested and charged with OVI, the government charged her with a second count of OVI. In November, Brittany was arrested for OVI. On the day of her arrest, she submitted a urine sample, and she was charged with OVI. Three weeks later, the urine sample was analyzed, and the result was provided to the police department. In March, four months after the arrest, the police department charged Brittany with a second count of OVI based on the result of the urine test. Isn’t that a violation of her right to a speedy trial?