I recently went on a whale-watching trip in Mexico. Wherever I went, there was no shortage of tequila and cervezas. There was also no shortage of people driving cars. That prompted me to wonder how the drunk driving laws in Mexico compare to those in Ohio. It appears there are…
The abominable snowman was arrested for drunk driving. The ‘arrest’ of the snowman was part of a campaign by the St. Helens Police Department to crackdown on drunk driving during the holidays. Although the arrest was fake, the message was real: DUI/OVI enforcement is increased during the holiday season. The…
During a recent OVI jury trial, the judge and I disagreed about the function of standardized field sobriety tests (SFSTs). During a sidebar, I argued the tests do not measure driving impairment; they predict blood alcohol concentration (BAC). The judge’s opinion was SFSTs measure impairment of driving ability. The judge’s…
This the week of July 4th. For some, that means celebrating our nation’s independence with burgers, beer and boats. As alcohol is often mixed with boating, people are prosecuted and punished for boating under the influence (BUI). But how do law enforcement officers determine if a person’s ability to operate…
The last entry in this blog discussed the movement to decrease distracted driving in the United States. Using cell phones while driving appears to be increasingly problematic. In response, states are criminalizing the behavior, and groups like the Partnership For Distraction-Free Driving and the Distracted Driving Project are mounting campaigns…
How many times have you seen someone obviously texting while driving? I recently drove by a guy who was operating his phone with both hands while he steered his car with his knees. I’m sensitive to the danger posed by distracted driving, both as a lawyer who represents clients charged…
There are few instances when the government can take our property without first holding a hearing. An Ohio Administrative License Suspension (A.L.S.) is one of those instances. If a driver refuses a chemical test or tests ‘over the limit’, an officer takes the driver’s license on-the-spot. Accordingly, to protect drivers’…
A few days ago, the state of Ohio began imposing increased penalties for DUI (known in Ohio as OVI). The increased penalties are part of House Bill 388, commonly known as “Annie’s Law”*. The legislation is not really one law but a revision of nearly 20 statutes and creation of…
Joe was arrested for DUI / OVI, and the officer had Joe take a breath test and a urine test. The breath test showed an alcohol level under Ohio’s limit, and the urine test showed an alcohol level over Ohio’s limit. Based on the urine test result, Joe was prosecuted…
‘Tis the season for holiday parties. ’Tis also the season for DUI/OVI arrests (in Ohio, it’s called OVI). From Thanksgiving Eve (‘blackout Wednesday’) to New Year’s Day, officers are particularly ambitious about enforcing Ohio’s drunk driving laws this time of year. But OVI convictions can be avoided. The first five…