Suppose a person is charged with DUI (called ‘OVI’ in Ohio) and that person previously refused an alcohol/drug test when arrested for OVI. Can that person’s sentence be enhanced for the current OVI based on the prior refusal? This question was recently addressed by the Wisconsin Supreme Court. In Ohio, this question is addressed in the Ohio OVI statutes. The Ohio OVI statutes are nuanced and do provide consequences for prior convictions and test refusals.
Articles Tagged with Ohio DUI Laws
Driver Intervention Programs for Ohio DUI / OVI
Most people charged with a first-offense DUI (called ‘OVI’ in Ohio) are not aware of the possible consequences. When someone in that situation learns the sentence for a first OVI conviction in Ohio includes a mandatory minimum jail term of three days, it can be frightening. However, judges are authorized to substitute a three-day driver intervention program (DIP) in place of three days in jail. This article provides details about DIPs in OH.
Blood Test Clears Sober Parent of DUI and Child Endangering
Imagine you are totally sober, but your child’s daycare calls the police and reports you may be intoxicated. Imagine further the police make you perform field sobriety tests while your toddler is running around on the sidewalk. Now imagine you are prosecuted for DUI (called ‘OVI’ in Ohio) and Child Endangering and your child is taken away from you for two months, only for a blood test to show no alcohol or drugs, because you were totally sober. Katie Slayton does not have to imagine it: it happened to her. Her experience was the perfect storm of circumstances in a DUI/OVI investigation.
Pedal Pubs and DUI/OVI on Non-Motorized Vehicles in Ohio
Can you get a DUI (called ‘OVI’ in Ohio) on a vehicle which is not motorized? Like many legal questions, the answer is, ‘maybe’. A person involved in a recent ‘pedal pub’ incident found out the hard way the answer is ‘yes’ when operating a mobile bar in Georgia. But what about Ohio?
DUI / OVI and Child Endangering in Ohio
The recent arrest of former U.S. Women’s Soccer goalie Hope Solo resulted in significant media coverage. As articles like this one from CNN reported, Solo was charged in North Carolina with DWI and Child Abuse. What North Carolina calls ‘DWI’, Ohio calls ‘OVI’. What North Carolina calls ‘Child Abuse’, Ohio calls ‘Child Endangering’. Solo’s reported incident illustrates what happens when a driver is accused of being under the influence with children in the vehicle.
Prosecuting Drivers of Automated Vehicles for DUI/OVI in Ohio
Utah is apparently leading the way in traffic safety measures. This blog’s last article discussed Utah’s lowering of the ‘legal limit’ for blood alcohol concentration to .05. Now, Utah is working on a law which makes it illegal for an individual to be under the influence when using a vehicle’s driver assistance system. Under the new law, a driver cannot escape criminal liability for DUI (called ‘OVI’ in Ohio) by claiming they were not ‘driving’ the vehicle. The same is true in Ohio, without a new law.
Does Reducing the ‘Legal Limit’ to .05 Make the Roads Safer?
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.
What Happens When an Out-of-State Driver Gets a DUI/OVI in Ohio?
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.
Nate Hobbs’ Case and Detentions for DUI / OVI investigations
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 Henry Ruggs III and Geno Smith because those cases illustrated legal concepts related to DUI/OVI. The last article, about Geno Smith’s arrest, addressed what evidence indicates a driver may be under the influence before a traffic stop. In some DUI/OVI cases, traffic stops are not an issue, such as when the driver is in an accident or found passed-out behind the wheel. The legal concept at issue in those cases is when the driver is ‘seized’ and whether the seizure is legal. The case of Las Vegas Raiders cornerback Nate Hobbs illustrates that concept.
Geno Smith’s Case and Pre-Stop Evidence of DUI / OVI
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 ESPN). That sounds more like evidence of DUI. Geno Smith’s case prompts the question: “what evidence, before a stop, indicates a driver may be under the influence?”