A previous article in this blog discussed the potential impact of hypoglycemia (low blood sugar) on an investigation for DUI (called ‘OVI’ in Ohio). Hypoglycemia is not the only blood sugar condition which may affect an OVI investigation. Hyperglycemia (high blood sugar) may also cause symptoms which overlap with the symptoms of alcohol intoxication. In addition, hyperglycemia may inflate the results of a breath alcohol test.
Repeat DUI/OVI Compared to First-Offense DUI/OVI in Ohio
With St. Patrick’s Day around the corner, many people in Ohio will be celebrating at bars. Most of those people will drive home, and some of those people will be arrested for DUI (called ‘OVI’ in Ohio). How many of those arrests will involve drivers who have already been convicted of OVI at least once? How are repeat OVI offenses in Ohio treated differently than first offenses?
Former Trooper Appeals Sentence for Vehicular Homicide
A former Pennsylvania state trooper was involved in a two-vehicle automobile crash, and the driver of the other vehicle died as a result. The former trooper, Joseph Yuran, was charged with Aggravated Vehicular Homicide as a second-degree felony and Operating a Vehicle under the Influence (OVI). Yuran pled guilty to those charges, and the judge imposed a prison term of 7 years to 10.5 years. Yuran appealed the sentence to the 11th District Court of Appeals, claiming the sentence was unlawful.
Ohio DUI/OVI Law Set to Change
The law governing DUI (called ‘OVI’ in Ohio) is going to change. House Bill 37, signed by Governor Mike DeWine, becomes law on April 9, 2025. The legislation changes four separate areas of law: (1) Driving privileges and ignition interlock devices for OVI license suspensions; (2) Financial penalties for OVI convictions; (3) Oral fluid testing in OVI cases; and (4) Aggravated Vehicular Homicide penalties when a defendant has prior OVI convictions. This article addresses the changes in that order.
Seminar: Negotiations in DUI / OVI Cases
Many continuing legal education seminars teach the art of trial skills. In the area of DUI (called ‘OVI’ in Ohio), fewer than five percent of cases go to trial, but 100% of cases involve negotiation. For the first time, the National College for DUI Defense (NCDD) held a seminar to improve negotiation skills. The presentations provided valuable insight, and three of them stood-out to me.
Running Over a Stray Cat May Be a Felony
A driver ran a stop sign, ran from a cruiser, and ran over a cat. The cat died as a result. According to the Dayton Daily News, the driver was charged with multiple felony offenses. One of the felony charges involves prohibitions concerning companion animals. Is it really a felony to hit and kill a stray cat?
Multiple Vehicular Homicide Charges from One Collision
According to this news article, a truck driver lost control of his truck, collided with four other vehicles, and caused the deaths of three people. The truck driver was charged with three counts of Aggravated Vehicular Homicide, three counts of Vehicular Manslaughter, and three counts of DUI (called ‘OVI’ in Ohio). Why was the truck driver charged with multiple offenses, and can he be sentenced on all the charges?
Investigation: Hundreds of Sober Drivers Charged With DUI
The city of Goodlettsville recently settled with a driver who was wrongfully charged with DUI (called ‘OVI’ in Ohio). The settlement was reported by a local television station which conducted an investigation into sober drivers charged with DUI. The investigation revealed the driver in Goodlettsville was one of hundreds charged with DUI and later exonerated by forensic testing.
ADHD and DUI/OVI in OH
Driving is an activity which requires sustained attention. Drivers must focus on driving and divide their attention among multiple parts of the driving activity: steering, acceleration, braking, watching the speedometer, watching the road, and reacting to a constantly changing environment. For DUI investigations (called ‘OVI’ in Ohio), law enforcement officers are taught to look for problems with attention and administer divided attention sobriety tests. What happens when the subject of an OVI investigation is a driver with ADHD?
Dunlap and Chatton: Compare Apples to Apples
The Ohio Supreme Court recently decided a case in which an officer conducted a traffic stop after learning the basis for the stop was no longer valid. The issue was whether evidence obtained from the stop was admissible in the defendant’s trial. This issue was addressed by this court in 1984. However, in the recent case, the Court reached a different conclusion.