Articles Posted in DUI/OVI enforcement

Passed-out-in-car-2-300x200The recent arrest of former U.S. Women’s Soccer goalie Hope Solo resulted in significant media coverage.  As articles like this one from CNN reported, Solo was charged in North Carolina with DWI and Child Abuse.  What North Carolina calls ‘DWI’, Ohio calls ‘OVI’.  What North Carolina calls ‘Child Abuse’, Ohio calls ‘Child Endangering’.  Solo’s reported incident illustrates what happens when a driver is accused of being under the influence with children in the vehicle.
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Driverless-car-interior-with-champaign-bottles-300x205Utah is apparently leading the way in traffic safety measures.  This blog’s last article discussed Utah’s lowering of the ‘legal limit’ for blood alcohol concentration to .05.  Now, Utah is working on a law which makes it illegal for an individual to be under the influence when using a vehicle’s driver assistance system.  Under the new law, a driver cannot escape criminal liability for DUI (called ‘OVI’ in Ohio) by claiming they were not ‘driving’ the vehicle.  The same is true in Ohio, without a new law.

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Statistics-300x200We are in favor of government measures to reduce impaired driving.  We are not in favor of the government providing misleading reports to the public about those measures.  In 2019, Utah introduced a measure to reduce impaired driving:  it lowered the ‘legal limit’ for driving with a blood alcohol concentration (BAC) from .08 to .05.  A recent press release from NHTSA (the National Highway Traffic Safety Administration) reports that traffic deaths in Utah decreased when the state lowered its ‘legal limit’ to .05.  The press release is misleading.

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Passed-out-in-car-300x200Although it is starting to look like it, this is not a blog about NFL players charged with DUI (called ‘OVI’ in Ohio).  Recent articles discussed the cases of Henry Ruggs III and Geno Smith because those cases illustrated legal concepts related to DUI/OVI. The last article, about Geno Smith’s arrest, addressed what evidence indicates a driver may be under the influence before a traffic stop.  In some DUI/OVI cases, traffic stops are not an issue, such as when the driver is in an accident or found passed-out behind the wheel.  The legal concept at issue in those cases is when the driver is ‘seized’ and whether the seizure is legal.  The case of Las Vegas Raiders cornerback Nate Hobbs illustrates that concept.

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Speeding-Car-300x200I heard a report that Geno Smith, quarterback for the Seattle Seahawks, was stopped for speeding and arrested on suspicion of DUI (called ‘OVI’ in Ohio).  My first thought was, “speeding doesn’t sound like evidence of DUI”.  It turns out Smith was allegedly going 96 mph in a 60 mph zone and driving erratically across several lanes of traffic (according to ESPN).  That sounds more like evidence of DUI.  Geno Smith’s case prompts the question:  “what evidence, before a stop, indicates a driver may be under the influence?”

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Brain-Imaging-300x175Determining whether a driver is under the influence of marijuana is challenging.  The standardized field sobriety tests used to predict alcohol levels are ineffective for marijuana intoxication.  Levels of THC and its metabolites in blood and urine are not closely correlated with marijuana intoxication.  So, how can law enforcement determine when THC is impairing a person’s ability to drive?  Researchers are working on brain imaging technology which may offer a more reliable method for identifying impairment from marijuana intoxication.

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Ignition-Interlock-300x200The recently passed Infrastructure Bill has been hailed as a once-in-a-generation investment in the roads, bridges, ports and railways that serve as the backbone of our country’s transportation network.  It has also been decried as another example of runaway government spending.  The description of the Bill depends on who is talking.

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Blood-draw-3-300x200Police officers in Georgia are being trained to draw blood from drivers suspected of DUI (called ‘OVI’ in Ohio).  Typically, a person arrested for OVI in Ohio is taken to a police station for a breath test or urine test.  Occasionally, an OVI suspect is taken to a hospital for a blood test.  In Georgia, DUI suspects will now have their blood drawn by police officers.  Could we soon have police officers drawing blood from OVI suspects in Ohio?

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Water-bottle-in-car-300x200Ohio may need a new acronym for impaired driving.  Our state has used various drunk driving abbreviations in the past.  There was ‘DUI’ for Driving Under the Influence and then ‘OMVI’ for Operating a Motor Vehicle Intoxicated.  Now that Ohio law does not require the vehicle to be motorized, we use ‘OVI’ for Operating a Vehicle under the Influence.  In the future, the acronym may be ‘OVD’ for Operating a Vehicle Dehydrated.  A study published in Physiology & Behavior suggests dehydrated driving is similar to intoxicated driving.

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Traffic-Camera-300x200Some municipalities in Ohio have used unfair procedures for enforcing traffic violations detected by cameras.  The Ohio General Assembly addressed that unfairness by creating a new process for traffic camera violations.  Not all municipalities are following the new rules.  Recently, a municipal court judge found the Village of Brice did not comply with the newly mandated rules.  In an ironic twist, Brice complained to the Court of Appeals that the Village was denied due process in the municipal court proceeding.

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