Columbus OVI/DUI Attorney Blog

December 20, 2014

Recent Erosion Of Fourth Amendment Rights May Impact Ohio DUI/OVI Cases

Suppose an officer detains a person for violating a traffic law and it turns out the person really didn’t violate the law: the officer was simply mistaken about what the law says. Until recently, one would expect that any evidence obtained after the mistaken detention would be thrown out. In a recent case, however, the U.S. Supreme Court concluded any evidence obtained after the officer mistakenly detained the person is not excluded from trial, so long as the officer’s mistaken belief about the law was reasonable.

December 13, 2014

What Is The Irony Of Urine Testing In Ohio DUI/OVI Cases?

by Shawn Dominy

Most states acknowledge urine testing is not an accurate way to measure blood alcohol concentration, and Ohio is one of the few states which still uses urine alcohol testing for DUI/OVI cases. Ohio law makes urine tests admissible in court so long as law enforcement agencies follow state regulations. Some of those regulations address scientific reliability, and some of those regulations address administrative issues. As a result, urine tests are often inadmissible, not because they are scientifically unreliable, but because the government did not follow its own rules.

November 30, 2014

You Don’t Want A Ride From ARIDE Officers

by Shawn Dominy

If you get a ride from an ARIDE officer, it’s because you’ve been arrested for DUI/OVI. The acronym stands for Advanced Roadside Impaired Driving Enforcement, and ARIDE is a course which some police officers complete to improve at investigating and prosecuting Ohio DUI/OVI cases involving drugs. To better understand what officers are learning at ARIDE, I recently completed the program myself, and I expect it to improve my effectiveness in defending cases involving driving under the influence of drugs.

November 15, 2014

Acid Reflux And Breath Tests In Ohio DUI/OVI Cases

by Shawn Dominy

Somewhere between ten percent and twenty percent of Americans have GERD: Gastro Esophageal Reflux Disease. While the advertisements by pharmaceutical companies have made GERD common knowledge, it is no so commonly known that this medical condition can inflate the result of an alcohol breath test. When the defendant in an OVI case has GERD, lawyers and judges find themselves at the intersection of law and science.

October 25, 2014

School Bus Drivers And DUI/OVI In Ohio

by Shawn Dominy

In the last couple weeks, two school bus drivers were suspected of being under the influence while driving a bus full of students. Both drivers were arrested for DUI, and both drivers now face serious consequences. These incidents raise the question of what happens if a school bus driver is convicted of DUI/OVI in Ohio.

October 5, 2014

Unanimous Supreme Court Reinforces Defendant’s Right To Challenge Breath Test Results In Ohio DUI/OVI Cases

by Shawn Dominy

For three decades, lawyers and judges have been misinterpreting the case of State v. Vega. In Vega, the Ohio Supreme Court held defendants in DUI/OVI cases may not attack the general reliability of breath-testing machines. Some lawyers and judges interpret Vega as if it says defendants are not permitted to make any challenge to the breath test result. This misinterpretation of the Vega decision may exist in part because most people have not actually read the decision. It’s like the telephone game where the statement made by the first person in the game is modified drastically by the time the statement is repeated by the last person in the game. A few days ago, the Ohio Supreme Court clarified the holding of Vega in a case which will hopefully end the abuse of defendants’ rights resulting from the misinterpretation of Vega.

September 16, 2014

Seminar Sharpens The Saw

by Shawn Dominy

I’m afraid of heights. I passed on the opportunity to go on the 450′ observation wheel, and I steered clear of the zip line starting at the 50th floor of the hotel. For me, just getting to the 50th floor was challenging because it required riding up an external glass elevator. While others took in the sights of the city on the way up, I faced the door and repeatedly read the maximum capacity of the elevator (30 people and 4,500 pounds). The ride was worth it: I enjoyed a great meal and an amazing view from the Voodoo Lounge. What a great way to wrap-up my annual trek to Las Vegas for the seminar presented by the National College for DUI Defense (NCDD).

August 23, 2014

New Book Provides Readers With Valuable Information About DUI/OVI In Ohio

by Shawn Dominy

It won’t win a Pulitzer Prize, it will not be mentioned with the New York Times best sellers, and it will not be at the top of readers’ ‘wish lists’. In fact, most people may not find it very interesting. If you are charged with a DUI/OVI in Ohio, however, this book suddenly becomes a must-read. I’m talking about the new book: I Was Charged With DUI/OVI, Now What?!

August 16, 2014

Japanese Lawyer Compares DUI/OVI In Ohio And DUI/OVI In Japan

by Shawn Dominy

This summer, I had the honor of being shadowed by Japanese criminal defense lawyer Yaeko Hashimoto, who recently completed an LL.M. program at the O.S.U. Moritz College of Law. In our conversations, it became clear there are differences between DUI/OVI laws in Ohio and DUI/OVI laws in Japan. Yaeko agreed to be a guest blogger and prepared the remainder of this article.

July 22, 2014

Can I Be Pulled Over Based On The Uncorroborated Claim Of Another Driver?

by Shawn Dominy

We are all urged to call the police if we suspect someone is driving under the influence. This message comes to us in radio and television commercials, on billboards, and on cruiser license plates: 1-800-GRAB-DUI. If someone makes the call, when should the police be permitted to stop the driver based on that informant’s tip alone? This question is a hot topic in Ohio DUI/OVI law this year. Two Ohio appellate courts decided ‘informant tip’ cases last month, and the United States Supreme Court decided one earlier this year.