Somewhere between ten percent and twenty percent of Americans have GERD: Gastro Esophageal Reflux Disease. While the advertisements by pharmaceutical companies have made GERD common knowledge, it is no so commonly known that this medical condition can inflate the result of an alcohol breath test. When the defendant in an…
In the last couple weeks, two school bus drivers were suspected of being under the influence while driving a bus full of students. Both drivers were arrested for DUI, and both drivers now face serious consequences. These incidents raise the question of what happens if a school bus driver is…
For three decades, lawyers and judges have been misinterpreting the case of State v. Vega. In Vega, the Ohio Supreme Court held defendants in DUI/OVI cases may not attack the general reliability of breath-testing machines. Some lawyers and judges interpret Vega as if it says defendants are not permitted to…
I’m afraid of heights. I passed on the opportunity to go on the 450′ observation wheel, and I steered clear of the zip line starting at the 50th floor of the hotel. For me, just getting to the 50th floor was challenging because it required riding up an external glass…
It won’t win a Pulitzer Prize, it will not be mentioned with the New York Times best sellers, and it will not be at the top of readers’ ‘wish lists’. In fact, most people may not find it very interesting. If you are charged with a DUI/OVI in Ohio,…
This summer, I had the honor of being shadowed by Japanese criminal defense lawyer Yaeko Hashimoto, who recently completed an LL.M. program at the O.S.U. Moritz College of Law. In our conversations, it became clear there are differences between DUI/OVI laws in Ohio and DUI/OVI laws in Japan. Yaeko agreed…
We are all urged to call the police if we suspect someone is driving under the influence. This message comes to us in radio and television commercials, on billboards, and on cruiser license plates: 1-800-GRAB-DUI. If someone makes the call, when should the police be permitted to stop the driver…
If a driver is pulled over and charged with a criminal offense, can the police search through the data on the driver’s cell phone? That question was recently addressed by the United States Supreme Court. The case does not directly involve a DUI/OVI, but it’s definitely worth reporting in this…
What does it mean when the law says an officer must have ‘probable cause’ to arrest a person for a DUI/OVI? Common sense tells us the evidence observed by the officer must lead to the conclusion that the person is probably under the influence. Common sense and case law tell…
This is Memorial Day Weekend, the unofficial beginning of summer. A lot of people will be on the road: visiting friends, attending parades, and going to cookouts. Some unlucky people on the road will find themselves stopped at DUI/OVI roadblocks. Although they do nothing wrong, they will have to stop,…