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…
Articles Posted in Ohio DUI Laws
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Court recently decided a case in which an officer conducted a traffic stop after learning the basis for the stop was no longer valid.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…
Child Endangering and DUI/OVI in Ohio
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…
Marijuana Sales Underway in Ohio: Drivers Beware
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…
Justin Timberlake’s DWI and the Presumption of Innocence
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,…
U.S. Supreme Court Addresses Right to Confront Crime Lab Analyst
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…
Can a Driver Arrested for DUI/OVI Revoke Consent to a Blood Test?
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…
When Are Officers Permitted to Administer Breath Alcohol Tests?
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…
Commercial Drivers and DUI / OVI in Ohio
A truck driver hauling 43,000 pounds of beer was charged with DUI (called ‘OVI’ in Ohio). According to KRCR TV, the driver’s blood alcohol content was ‘over the limit’ for both commercial drivers and non-commercial drivers. While the irony of a beer deliverer being charged with DUI may sound comical,…
Driving Privileges for DUI/ OVI in Ohio
I came across an article about a pending bill in South Dakota which proposes expanding the scope of driving privileges for people convicted of DUI (called ‘OVI in Ohio). It reminded me that, in Ohio, driving privileges related to OVI are often misunderstood. This article clarifies Ohio law regarding limited…