Columbus OVI/DUI Attorney Blog
We are in favor of government measures to reduce impaired driving. We are not in favor of the government providing misleading reports to the public about those measures. In 2019, Utah introduced a measure to reduce impaired driving: it lowered the ‘legal limit’ for driving with a blood alcohol concentration (BAC) from .08 to .05. A recent press release from NHTSA (the National Highway Traffic Safety Administration) reports that traffic deaths in Utah decreased when the state lowered its ‘legal limit’ to .05. The press release is misleading.
Does Reducing the ‘Legal Limit’ to .05 Make the Roads Safer?
When I vacation in other states, people ask me where I’m from. When I say “Columbus”, I usually have to add “Ohio”. I have learned that very few people travel to Ohio for vacation. Some people do travel here for business and personal trips. Whether here for a business trip, a personal trip, or an improbable vacation, if a driver with a license issued by another state gets a DUI/OVI in Ohio, that person faces consequences in Ohio and may face consequences in the state which issued the driver’s license.
A driver may face up to two years in a German prison for driving at 257 mph on the Autobahn. Authorities allege he was driving carelessly at an inappropriate speed. In Ohio, we would call it reckless operation of a vehicle. But what constitutes reckless operation? Allegations of driving recklessly are sometimes made in the context of a DUI case (called ‘OVI’ in Ohio), and the issue of recklessness also arises in serious vehicular crimes, like Vehicular Homicide and Vehicular Assault. As our firm regularly deals with the element of recklessness, this speed-testing story piqued my interest. 
Although it is starting to look like it, this is not a blog about NFL players charged with DUI (called ‘OVI’ in Ohio). Recent articles discussed the cases of 
I heard a report that Geno Smith, quarterback for the Seattle Seahawks, was stopped for speeding and arrested on suspicion of DUI (called ‘OVI’ in Ohio). My first thought was, “speeding doesn’t sound like evidence of DUI”. It turns out Smith was allegedly going 96 mph in a 60 mph zone and driving erratically across several lanes of traffic (according to 
Determining whether a driver is under the influence of marijuana is challenging. The standardized field sobriety tests used to predict alcohol levels are ineffective for marijuana intoxication. Levels of THC and its metabolites in blood and urine are not closely correlated with marijuana intoxication. So, how can law enforcement determine when THC is impairing a person’s ability to drive? Researchers are working on brain imaging technology which may offer a more reliable method for identifying impairment from marijuana intoxication.
When a person uses marijuana, the high from the THC last for about two hours, but the THC metabolites are detectable in the person’s urine for up to five weeks. Suppose a person smokes marijuana and a week later is pulled over and investigated for DUI (called ‘OVI’ in Ohio). If that person submits a urine sample and the urine test shows a prohibited level of marijuana metabolite, that person will be prosecuted for OVI because it is ‘per se’ illegal to operate a vehicle with a prohibited concentration of marijuana metabolites, even if the person’s driving is not impaired. Challenges to this ‘per se’ OVI law have been unsuccessful in Ohio courts. A recent case from the Ohio Supreme Court suggests the Court may be inclined to evaluate the constitutionality of the OVI ‘per se’ law for drugs.
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 (
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 likely be no sanction. Two appellate cases from two Ohio cities illustrate the outcome depends, in large part, on where the case is heard.
Police officers in Georgia are being