Columbus OVI/DUI Attorney Blog
The Ohio Association of Criminal Defense Lawyers (OACDL) recently hosted its annual DUI seminar (called ‘OVI’ in Ohio). This year, three of the seminar speakers were lawyers from the Dominy Law Firm. Attorney Abagale Bentley presented on CDL disqualifications and out-of-state DUI consequences, attorney Bryan Hawkins gave a presentation about Ohio Senate Bill 55, and I explained our firm’s approach to challenging breath test evidence.
CDL Disqualifications
When a commercial driver’s license (CDL) holder is charged with OVI, there are potential consequences beyond the court proceedings. An OVI investigation can result in the Ohio Bureau of Motor Vehicles (BMV) disqualifying the person’s CDL. For a first disqualifying event, the driver is disqualified from operating a commercial vehicle for one year. For a second, the disqualification is lifetime.
Dominy Law Firm attorney Abagale Bentley taught the seminar attendees about the four statutory triggers for an OVI-related CDL disqualification. She emphasized that each trigger operates independently, and counsel should be aware that eliminating one does not necessarily eliminate another. Abagale explained the practical considerations in CDL cases and the strategies for avoiding disqualifications.
Out-of-State DUI Consequences
When a person with an Ohio driver’s license is convicted of DUI in another state, there are potential consequences in Ohio. An out-of-state DUI conviction results in the Ohio BMV suspending the person’s Ohio driver’s license. If the other state’s DUI statute is substantially similar to Ohio’s OVI statute, the license suspension has a duration of six months.
Dominy Law Firm attorney Abagale Bentley taught the attendees about the process the BMV follows when suspending an Ohio license for an out-of-state DUI conviction. She explained the notice received by the licensee, the length of the suspension, and the deadline for appealing the suspension. Abagale described the strategies for challenging the merits of the suspension, shortening the duration of the suspension, and obtaining limited driving privileges.
Ohio Senate Bill 55
Senate Bill 55 is proposed legislation regarding marijuana-based OVIs. The bill would reduce the types of OVI marijuana offenses and amend the rules regulating the admissibility of evidence in trials for marijuana-related OVI cases.
Dominy Law Firm attorney Bryan Hawkins taught the seminar attendees the details of the proposed changes. He explained the statutory prohibitions which would be eliminated from the current law and the changes in prohibited THC concentrations. He also described the new inferences based on THC levels and clarified the permissible challenges to THC evidence.
Bryan Hawkins is intimately familiar with Senate Bill 55. He provided proponent testimony before the Ohio House Judiciary Committee and continues to be involved in the legislative process for the bill.
Challenging Breath Test Evidence
When a client is charged with OVI and the case involves a breath alcohol test, the defense typically files a motion to suppress the breath test evidence. The judge holds a hearing on that motion which includes testimony and exhibits. The judge then issues a decision on the admissibility of the breath test evidence.
I taught the attendees the method used by the Dominy Law Firm for litigating motions to suppress breath test evidence. That method starts with filing a specific demand for discovery and drafting a particularized motion. It continues with spotting the issues while reviewing the evidence in police reports, videos, and breath-testing records. It involves thorough preparation and culminates with presenting a compelling argument at the hearing.
Teaching and Learning
It was great that all three attorneys at the Dominy Law Firm were invited to make presentations at the seminar. But we didn’t just teach; we also learned. The seminar featured some outstanding lawyers from across the country, and we learned a great deal from them.