Columbus OVI/DUI Attorney BlogIn previous posts, this blog has discussed two separate but related issues. The post on May 3, 2010 explained that defendants in Ohio O.V.I. cases do not have the ability to challenge the general reliability of breath testing machines at trial due to the holding in State v. Vega. The post on May 29, 2010 described how the Ohio Department of Health purchased 700 Intoxilyzer 8000 breath testing machines and is implementing use of the machines throughout Ohio. This post ties together those two issues because a case in Athens County involving the Intoxilyzer 8000 may open the door to challenges regarding the general reliability of breath tests.
Is There A Right To Counsel Before Taking A Breath Test In Ohio?
Imagine you have been arrested for a D.U.I. (O.V.I. in Ohio), and the officer is requesting that you submit to a blood, breath or urine test. You don’t know what you should do, so you ask to speak with an attorney before you make a decision. But the officer doesn’t let you. Is this a violation of your right to counsel? If so, what is the remedy? A recent decision by an Ohio Court of Appeals presents an interesting twist on these issues.
Tragic Bus Accident Raises Questions
The Chicago Tribune reported that the driver of a tour bus in Chicago struck and killed a pedestrian, and a blood test following the accident was positive for cocaine. The bus driver is now being held without bail and likely facing charges of D.U.I. and Aggravated Vehicular Homicide. This tragic incident highlights the issues of driving under the influence of drugs, vehicular homicide, and commercial drivers.
Should The Government Ban Apps For DUI Evasion?
There is an ever-increasing number of apps for Iphones, Droids, and BlackBerrys. In addition to finding local restaurants and launching angry animals, smartphone users can now download apps designed to help the users avoid DUI charges. United States senators recently moved smartphone manufacturers to discontinue these apps, which raises the question: should the government ban apps for DUI evasion?
Should I Take The Breath Test In An Ohio OVI Case?
As a D.U.I. defense attorney, this is one of the most frequently asked questions I receive (second only to “how can you do that?”). The answer is surprisingly complicated: it depends on factors that include how much alcohol you drank, whether you are more concerned about the short-term or long-term status of your driver’s license, whether you have prior convictions, whether you’re on probation, and whether you have a commercial driver’s license.
And The Results Are In…From The DUI Checkpoints In Columbus, Ohio
St. Patrick’s day is one of the biggest days of the year for drinkers. In central Ohio, it’s second only to Independence Day. It is no surprise, then, that the Franklin County DUI Task Force announced two DUI checkpoints for St. Patrick’s Day, 2011. What may come as a surprise is that, after stopping 727 cars, only seven people were charged with D.U.I. (O.V.I.).
Ohio Court Says Forced Blood Draws Are Constitutional
Historically, if a driver refused to give a sample of blood, breath or urine, the driver’s license would immediately be suspended for refusing, but there would be no alcohol test to use as evidence against the driver. Things changed in 2009, when the Ohio legislature passed a law saying, if a person with prior O.V.I. convictions refuses to submit to a chemical test, “the law enforcement officer who made the request may employ whatever reasonable means are necessary to ensure that the person submits to a chemical test of the person’s whole blood or blood serum or plasma.” R.C. 4511.191(A)(5).
How Do I Choose A Central Ohio D.U.I. Attorney?
The last two posts of this blog have addressed two frequently asked questions: (1) should I contest my D.U.I. charge? and (2) should I represent myself in a D.U.I.? This post discusses a common follow-up question: if I have decided to contest my D.U.I. charge and I’m not going to represent myself, how do I choose a D.U.I. attorney?
Should I Represent Myself (Pro Se) In An Ohio D.U.I.?
If you are charged with a D.U.I. (O.V.I.) in Ohio, do you really need to hire an attorney, or can you just represent yourself (proceed “pro se”)? This post could be cut short with the old adage “he who represents himself has a fool for a client”, but I think there are exceptions to this adage. However, if you are going to contest a D.U.I. charge, you are almost certainly going to need an attorney.
Should I Contest My Ohio DUI/OVI Charge?
So you’ve been charged with a D.U.I. (O.V.I.) in Ohio, and you’re wondering if you should contest it or just plead guilty at the first court appearance (the arraignment). Pleading guilty at the arraignment would get it over with quickly, thereby saving time and money. On the other hand, a D.U.I. conviction will likely have a significant impact in the future.