Articles Tagged with DUI Attorney in Columbus Ohio

Beer-Truck-300x200A 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.

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Gun-in-Car-300x210Muhammad 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.

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Drive-Sober-300x156Christmas and New Year’s Eve are the most-celebrated holidays in the United States.  During the winter holiday season, people attend more work parties, family functions, and other social events than any other time of the year.  After attending those events, people need a way to get home.  Most of them drive, and some of them drive under the influence.  The government knows this, so DUI (called ‘OVI’ in Ohio) enforcement is intensified during this time of the year.

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Breath-Test-300x200 Ohio’s DUI laws (called ‘OVI’ in Ohio) criminalize driving with a prohibited breath alcohol concentration.  To determine whether a person has a prohibited breath alcohol concentration, law enforcement officers use breath-testing machines.  If a person refuses a breath test, there are consequences.  However, differences in height, age, gender, and smoking habits make some people physically unable to provide a sufficient breath sample.  As a result, some people are accused of refusing a breath test when they didn’t.

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Driving-Test-300x200The Chikushino Police Department has a program in which driving instructors test the driving skills of volunteers who are under the influence of alcohol.  According to a CNN article, testing impaired drivers is part of a drunk driving awareness campaign.  In Ohio, we do not use drunk driving exams to determine if drivers are impaired by alcohol or drugs.  Instead, we use field sobriety tests and blood/breath/urine tests.  Those tests are circumstantial evidence that a person was operating a vehicle under the influence.

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Search-of-Vehilce-300x200Following 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

Driving-Fast-at-Night-300x200A police officer was recently charged with DUI (called ‘OVI’ in Ohio) and Fleeing the Scene of an Accident.  According to News 13 in Myrtle Beach, the officer is a sergeant who serves as the supervisor of the traffic division.  In our OVI defense practice, we have represented clients suspected of OVI and Failure to Stop After Accident (commonly called ‘Hit-Skip’).  In some cases, the driver is charged only with Hit-Skip.  In other cases, the driver is charged with both Hit-Skip and OVI.  Drivers in those situations also face the possibility of being charged with felony offenses.

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Interrogation-by-officer-300x200When a suspect is in the custody of a law enforcement officer, the officer must provide Miranda warnings before questioning the suspect.  If the officer does not give sufficient warnings, the suspect’s statements made in response to questioning cannot be used at trial.  In a recent DUI Murder case in California, Miranda violations resulted in an appeals court ordering a new trial.

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HIPAA-Authorization-300x200As Dominy Law Firm attorney Bryan Hawkins was preparing to litigate this issue in Franklin County, Ohio, an appeals court settled it.  The issue is whether, in a DUI case (called ‘OVI’ in Ohio), a law enforcement officer can obtain the medical records of a suspect with a subpoena and without a search warrant.  In the case of State v. Rogers, the Tenth District Court of Appeals held law enforcement’s procurement of an OVI suspect’s medical records without a search warrant violates the suspect’s Fourth Amendment right to be free from unreasonable searches and seizures.

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Finger-to-Nose-Test-300x200An article published earlier this month addresses the accuracy of field sobriety tests (FSTs).  A team of researchers set-out to evaluate the effectiveness of FSTs for identifying drivers under the influence of THC.  The researchers conducted clinical trials involving THC use, field sobriety testing, and driving simulations.  The clinical trials showed the FSTs do not effectively discriminate between people who are impaired and people who are not impaired.

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