This blog is not a bar band: we take requests without asking for tips! Yesterday, we received a question from a reader who wants to understand the interplay of Child Endangering and DUI (called ‘OVI’ in Ohio). This article is going to answer that reader’s question. Ask and you shall receive.
The Vegas DUI seminar presented by NCDD and NACDL always rekindles my passion for DUI defense (called ‘OVI’ in Ohio). This year, I went with my associate Bryan Hawkins. Although we have both presented at many seminars, there is always more to learn, and we each felt like there were many useful take-aways from the presentations. The presentations were all good, and there were three which were especially noteworthy.
A recent news story reported the arrest of a 14-year-old boy for DUI (called ‘OVI’ in Ohio). It is somewhat unusual for a juvenile to be charged with OVI in Ohio. When a juvenile faces an OVI case, some aspects are the same as adult OVIs and some components are different. Those components include the investigation, the court process, and the penalties.
Delta-8 THC products are widely available in Ohio. You can’t walk into an Ohio gas station without seeing edibles and vapes containing the drug. The Ohio legislature has introduced bills to regulate Delta-8 THC products, but they are currently unregulated. As Delta-8 THC is mildly psychoactive, the question is whether a person can be convicted of DUI (called ‘OVI’ in Ohio) based on using Delta-8 THC.
A few days ago, legal recreational marijuana sales began in Ohio. At some dispensaries, there has been an overwhelming response, with customers standing in line to buy marijuana. As sales can only be made to people who are 21 and older, we can presume most of the recreational marijuana users are also car drivers. Those drivers should be aware of Ohio’s laws regarding marijuana and DUI (called ‘OVI’ in Ohio).
Justin Timberlake’s arrest for DWI (called ‘OVI’ in Ohio) demonstrates the crucial need for the presumption of innocence in criminal trials. Within hours after Timberlake’s arrest, hundreds of website pages broadcasted the accusation. Many people, like the writer of this article, have already convicted him in their minds. In court, the presumption of innocence is critical due to our human nature to presume guilt.
Ohio’s significantly revised law ‘Driving While Texting’ went into effect on April 4, 2023. When a criminal law is created or revised, it takes a while for the law to be the subject of appellate court decisions. In one of the first decisions interpreting the revised ‘Driving While Texting’ law, a court of appeals concluded the exceptions to the law are affirmative defenses.
In DUI cases (called ‘OVI’ in Ohio), a defendant’s blood or urine sample may be tested by a crime lab to determine the concentration of alcohol and/or drugs in the sample. In court, a lab analyst testifies regarding the blood or urine testing and the results of the test. But what if the analyst testifying is not the analyst who conducted the test? The recent case of Smith v. Arizona addressed whether this violates the defendant’s right to confront witnesses.
When an officer arrests a driver for DUI (called ‘OVI’ in Ohio), the officer typically requests that the driver consent to a blood, breath, or urine test. However, a statute in the Ohio Revised Code (section 4511.191) says a driver arrested for OVI implicitly consents to those tests. Can a driver arrested for OVI revoke that consent? This question has not been directly addressed in Ohio but was recently answered by the Supreme Court of Colorado.
The Ontario Provincial Police (OPP) recently implemented a policy of administering a breath alcohol test to every driver stopped for a traffic offense. Even if the stop is for a minor violation, and even if the officer has no suspicion the driver is under the influence, the driver must submit to a breath test. Refusing the test is a criminal offense. Could this happen in Ohio?
Columbus OVI/DUI Attorney Blog