Articles Posted in DUI/OVI enforcement

DUI-Law-Notebook-300x198With St. Patrick’s Day around the corner, many people in Ohio will be celebrating at bars.  Most of those people will drive home, and some of those people will be arrested for DUI (called ‘OVI’ in Ohio).  How many of those arrests will involve drivers who have already been convicted of OVI at least once?  How are repeat OVI offenses in Ohio treated differently than first offenses?

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Legislation-Changes-300x135The law governing DUI (called ‘OVI’ in Ohio) is going to change. House Bill 37, signed by Governor Mike DeWine, becomes law on April 9, 2025. The legislation changes four separate areas of law: (1) Driving privileges and ignition interlock devices for OVI license suspensions; (2) Financial penalties for OVI convictions; (3) Oral fluid testing in OVI cases; and (4) Aggravated Vehicular Homicide penalties when a defendant has prior OVI convictions. This article addresses the changes in that order.

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County-Jail-Inmate-300x199The 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 with DUI and later exonerated by forensic testing.

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ADHD-Symptoms-300x254Driving is an activity which requires sustained attention.  Drivers must focus on driving and divide their attention among multiple parts of the driving activity:  steering, acceleration, braking, watching the speedometer, watching the road, and reacting to a constantly changing environment.  For DUI investigations (called ‘OVI’ in Ohio), law enforcement officers are taught to look for problems with attention and administer divided attention sobriety tests.  What happens when the subject of an OVI investigation is a driver with ADHD?

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Tips-for-Musician-300x219This 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.

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Juvenile-DUI-234x300A 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.

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THC-Gummies-300x168Delta-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.

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Marijuana-Dispensary-Now-Open-300x200A 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).

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Portable-Breath-Test-300x200The 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?

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Glycemic-Index-300x200There are situations in which a law enforcement officer observes signs which appear to be symptoms of alcohol intoxication but are actually symptoms of a medical condition.  One of those situations is when a driver is experiencing hypoglycemia (low blood sugar).  The symptoms of hypoglycemia are nearly identical to the symptoms of alcohol intoxication.  A driver experiencing a hypoglycemic event at the time of an OVI investigation has a legitimate defense to the charge of DUI (called ‘OVI’ in Ohio).

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