Ohio’s significantly revised law ‘Driving While Texting’ went into effect on April 4, 2023. When a criminal law is created or revised, it takes a while for the law to be the subject of appellate court decisions. In one of the first decisions interpreting the revised ‘Driving While Texting’ law, a court of appeals concluded the exceptions to the law are affirmative defenses.
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 what if the analyst testifying is not the analyst who conducted the test? The recent case of Smith v. Arizona addressed whether this violates the defendant’s right to confront witnesses.
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 driver arrested for OVI revoke that consent? This question has not been directly addressed in Ohio but was recently answered by the Supreme Court of Colorado.
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 to a breath test. Refusing the test is a criminal offense. Could this happen in Ohio?
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 charged with a felony OVI in Ohio? Continue Reading
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 for you to drive?
In Ohio, there is a difference between a ‘vehicle’ and a ‘motor vehicle’. In cases of Vehicular Homicide and Vehicular Assault, the difference matters. The Ohio Supreme Court recently decided an Aggravated Vehicular Assault case in which the defendant’s guilt hinged on the definition of ‘motor vehicle’. The Court’s decision affects both vehicular assault and vehicular homicide cases.
There 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).
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, a commercial driver would find nothing funny about being charged with OVI. For holders of a commercial driver’s license (CDL), the rules related to OVI are strict, and the consequences are severe.
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 generations for all categories.
Columbus OVI/DUI Attorney Blog