Articles Tagged with Ohio DUI Laws

Speeding-Car-300x200I 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?”

Continue Reading

Brain-Imaging-300x175Determining 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.

Continue Reading

Bill-of-Rights-with-Glasses-300x196When 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.

Continue Reading

Appellate-DistrictsIn 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.

Continue Reading

Blood-draw-3-300x200Police 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, DUI suspects will now have their blood drawn by police officers.  Could we soon have police officers drawing blood from OVI suspects in Ohio?

Continue Reading

Water-bottle-in-car-300x200Ohio may need a new acronym for impaired driving.  Our state has used various drunk driving abbreviations in the past.  There was ‘DUI’ for Driving Under the Influence and then ‘OMVI’ for Operating a Motor Vehicle Intoxicated.  Now that Ohio law does not require the vehicle to be motorized, we use ‘OVI’ for Operating a Vehicle under the Influence.  In the future, the acronym may be ‘OVD’ for Operating a Vehicle Dehydrated.  A study published in Physiology & Behavior suggests dehydrated driving is similar to intoxicated driving.

Continue Reading

Traffic-Camera-300x200Some municipalities in Ohio have used unfair procedures for enforcing traffic violations detected by cameras.  The Ohio General Assembly addressed that unfairness by creating a new process for traffic camera violations.  Not all municipalities are following the new rules.  Recently, a municipal court judge found the Village of Brice did not comply with the newly mandated rules.  In an ironic twist, Brice complained to the Court of Appeals that the Village was denied due process in the municipal court proceeding.

Continue Reading

Police-at-convenience-store-300x200There are many different ways somebody can find themselves as the subject of an OVI/DUI investigation. The most common is when an officer witnesses a driver commit a traffic offense, initiates a traffic stop, and then conducts an investigation based on their observations of the driver. Other times, an officer will conduct the traffic stop after receiving a tip from someone that a particular driver may be impaired. How precise do these tips need to be to justify a traffic stop? How much corroborating evidence does an officer need to corroborate the tip? The Ohio Supreme Court recently weighed in on these questions in State v. Tidwell.

Continue Reading

3-300x271When a defendant appeals a DUI conviction (called ‘OVI’ in Ohio), the defendant often claims the judge made an erroneous ruling regarding a motion to suppress. The appellate court then reviews the suppression issue decided by the judge to determine whether the judge’s decision was erroneous. When the issue involves a ‘finding of fact’ by the judge, the appellate court evaluates whether the finding was supported by competent, credible evidence. Two recent Ohio cases illustrate this appellate evaluation with opposite outcomes. Continue Reading

Officer-on-steps-of-DC-building-1-275x300Qualified Immunity, a defense used by police officers in civil rights lawsuits, is a topic not typically discussed in this blog.  However, as a criminal defense lawyer, I have been asked about Qualified Immunity due to recent events in the United States.  In addition, an individual who files a lawsuit based on a false OVI arrest may encounter this defense.  Accordingly, I have asked attorney Eric Hollway to provide a guest article on Qualified Immunity.  Mr. Holloway, a civil rights lawyer who represents clients in false arrest claims, prepared the remainder of this article.

Continue Reading

Contact Information