Search Results for: BREATH TEST

The annual ‘Advanced OVI Seminar’, presented by the Ohio Association of Criminal Defense Lawyers (OACDL), was held last week in Columbus.  As usual, the seminar featured outstanding speakers from Ohio and across the continent.  As always, the speakers delivered valuable information to help DUI lawyers (called ‘OVI’ lawyers in Ohio) improve their skills.

We’ve used this space in the past to discuss issues with Ohio’s approach to DUI (called ‘OVI’ in Ohio) cases involving marijuana. The rising prevalence of marijuana OVIs following Ohio’s legalization of medical marijuana has shown Ohio’s OVI laws are woefully out-of-date to deal with these issues.  A recent bill in the Ohio Senate seeks […]

After being canceled in 2020 due to some global pandemic, the annual DUI seminar in Las Vegas resumed in October of 2021.  This year’s theme was ‘Top Shelf DUI Defenses’.  The National College for DUI Defense (NCDD) and the National Association of Criminal Defense Lawyers (NACDL) assembled a marvelous menu of superb speakers.  The seminar […]

In a DUI case (called ‘OVI’ in Ohio), what happens when evidence is destroyed because a prosecutor does not timely respond to a specific request for that evidence?  It depends on the jurisdiction.  In ten of Ohio’s 12 appellate districts, the case would likely be dismissed.  In the other two Ohio appellate districts, there would […]

Police officers in Georgia are being trained to draw blood from drivers suspected of DUI (called ‘OVI’ in Ohio).  Typically, a person arrested for OVI in Ohio is taken to a police station for a breath test or urine test.  Occasionally, an OVI suspect is taken to a hospital for a blood test.  In Georgia, […]

When people think of a DUI charge (called ‘OVI’ in Ohio), most think of drunk driving. This is where the bulk of the money and effort have been concentrated to raise awareness:  think of the “Buzzed Driving is Drunk Driving” or “Over the Limit, Under Arrest” advertising campaigns. However, with more states legalizing marijuana for […]

The reporting of Bruce Springsteen’s DUI arrest shows that, even if a person is presumed innocent in court, they can still be convicted in the press.  In addition, Jeep’s publicized decision to pull The Boss’s Super Bowl commercial was an over-reaction.  The media coverage and cancel culture are not the only problems.  The evidence made […]

I will always remember OACDL’s 2020 DUI seminar. Near the end of the first day of the three-day event, Ohio’s governor banned gatherings of 100 or more people. Our gathering had more than 100 people. As the president of the organization, I had the responsibility of informing those 100+ people the next two seminar days […]

OVI trials sometimes involve testimony from expert witnesses. Those witnesses include pharmacologists who testify about the accuracy of the defendant’s breath test result. A recent decision from an Ohio Court of Appeals demonstrates the importance of assessing the quality of the expert witness report and evaluating the utility of anticipated expert testimony.

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 […]

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