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…
Articles Posted in Ohio DUI Lawyer
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…
Patrick Mahomes, Sr. and Felony DUI / OVI
Patrick Mahomes, Sr. was indicted for drunk driving in Texas. According to Spectrum News, Mahomes has two prior DWI convictions. In Texas, a third DWI (called ‘OVI’ in Ohio) is a felony offense which carries a prison term of two years to ten years. But what if a person is…
Brush Your Teeth…and Measure Your Alcohol Level
You probably have heard of the Breathalyzer, but probably not the Brushalyser. Now you have. The Brushalyser is at the intersection of oral hygiene and traffic safety: it’s a toothbrush which doubles as a portable breath alcohol test. But should you rely on your toothbrush to determine whether it’s safe…
Gen Z is Last Alphabetically but First for Bad Driving
A recent study by Lending Tree addressed the generational differences in bad driving. The study analyzed the rates of driving incidents in four categories among five generations: Generation Z, Millennials, Generation X, Baby Boomers, and the Silent Generation. The study report explains Generation Z has the worst rates among all…
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…
DUI/OVI and Improperly Handling Firearms in Ohio
Muhammad Wilkerson, former defensive end for the New York Jets, was arrested for Operating a Vehicle under the Influence and Unlawful Possession of a Loaded handgun. Wilkerson’s arrest occurred in New Jersey. If Wilkerson were arrested for these offenses in Ohio, he would be charged with OVI and Improperly Handling…
Ohio DUI / OVI Enforcement Increased for 2023 Winter Holidays
Christmas and New Year’s Eve are the most-celebrated holidays in the United States. During the winter holiday season, people attend more work parties, family functions, and other social events than any other time of the year. After attending those events, people need a way to get home. Most of them…
Some Allegations of Breath Test Refusals Are Unfair
Ohio’s DUI laws (called ‘OVI’ in Ohio) criminalize driving with a prohibited breath alcohol concentration. To determine whether a person has a prohibited breath alcohol concentration, law enforcement officers use breath-testing machines. If a person refuses a breath test, there are consequences. However, differences in height, age, gender, and smoking…
Driving School Tests Skills of Drunk Drivers
The Chikushino Police Department has a program in which driving instructors test the driving skills of volunteers who are under the influence of alcohol. According to a CNN article, testing impaired drivers is part of a drunk driving awareness campaign. In Ohio, we do not use drunk driving exams to…