Columbus OVI/DUI Attorney Blog

August 17, 2023

Defendant’s Medical Records Cannot Be Subpoenaed for Ohio DUI/OVI Cases

HIPAA-Authorization-300x200 As Dominy Law Firm attorney Bryan Hawkins was preparing to litigate this issue in Franklin County, Ohio, an appeals court settled it. The issue is whether, in a DUI case (called ‘OVI’ in Ohio), a law enforcement officer can obtain the medical records of a suspect with a subpoena and without a search warrant. In the case of State v. Rogers, the Tenth District Court of Appeals held law enforcement’s procurement of an OVI suspect’s medical records without a search warrant violates the suspect’s Fourth Amendment right to be free from unreasonable searches and seizures.

August 12, 2023

New Study Addresses Usefulness of Field Sobriety Tests Used in Ohio

by Shawn Dominy

Finger-to-Nose-Test-300x200 An article published earlier this month addresses the accuracy of field sobriety tests (FSTs). A team of researchers set-out to evaluate the effectiveness of FSTs for identifying drivers under the influence of THC. The researchers conducted clinical trials involving THC use, field sobriety testing, and driving simulations. The clinical trials showed the FSTs do not effectively discriminate between people who are impaired and people who are not impaired.

July 15, 2023

Can You Get a DUI/OVI in a Canoe in Ohio?

by Shawn Dominy

Canoe-Waterfall-Sign-300x200 As recently reported by CTV News, a man is facing criminal charges for canoeing while drunk. According to the news report, officers were called to Christina Lake on the report of an intoxicated person. When the officers arrived, the man hid under a dock, and an officer went into the water bring him out. The officers arrested the man and charged him with impaired operation of the canoe. This incident occurred in British Columbia, but could someone in Ohio be charged with DUI/OVI in a canoe?

June 30, 2023

How Does a DUI/OVI in Ohio Affect Employment?

by Shawn Dominy

Employee-Handbook-300x186 Following his recent arrest for DUI (called ‘OVI’ in Ohio), Bob Huggins resigned from his position as the men’s basketball coach at West Virginia University. His situation is illustrative of many high-profile individuals who have lost jobs due to a DUI/OVI. But it is not only high-profile individuals who face employment consequences for OVI cases. We are frequently asked the following questions about OVI cases and employment.

May 19, 2023

What is Sufficient Proof of Drugged Driving in Ohio?

by Shawn Dominy

Pills-with-blue-background-300x225 When a driver is prosecuted for operating a vehicle under the influence of drugs (called ‘OVI’ in Ohio), what evidence is sufficient to sustain a conviction? The prosecution must prove the defendant operated a vehicle under the influence of a drug of abuse. That requires the prosecution to prove the defendant was impaired while operating the vehicle, identify the specific drug which was ingested, and link the drug’s ingestion to the defendant’s impairment.

May 12, 2023

Motions To Suppress Evidence in Ohio DUI / OVI Cases

by Shawn Dominy

Motion-to-Suppress-Evidence-273x300 I recently came across this article in an Ohio newspaper: Judge Denies Motion to Suppress Evidence. What does that mean in a DUI case (called ‘OVI’ in Ohio)? When a judge orders that evidence is suppressed, the evidence is excluded from trial. That means, even though the evidence existed, the jury does not hear about it. The two general bases for suppressing evidence are: (1) violations of the defendant’s Constitutional rights; and (2) the government’s failure to comply with statutory (legislative) law.

April 22, 2023

Repeat DUI /OVI Offenses in Ohio

by Shawn Dominy

DUI-Law-Book-300x200 According to a story by NBC4i, the Ohio State Highway Patrol reports that 30% of DUI arrests (called ‘OVI’ in Ohio’) come from repeat offenders. In Ohio, the mandatory OVI penalties increase with every conviction in ten-years (called the ‘lookback period’). Those penalties include vehicle sanctions, license suspensions, incarceration, and other consequences.

April 8, 2023

Ohio’s Distracted Driving Laws

by Shawn Dominy

Stop-texting-while-driving-300x200 With the media reporting the recent changes to Ohio’s distracted driving laws, Ohio drivers probably have questions. In what circumstances am I prohibited from using a cell phone when I’m driving? In what circumstances am I permitted to use a cell phone when I’m driving? What is the law on ‘distracted driving’? Can I be stopped for violating these laws? What are the penalties if I’m caught? What if I am under 18? This article answers those questions.

March 17, 2023

Ohio DUI/OVI Seminar Imparts Important Information

by Shawn Dominy

Advanced-OVI-Seminar-2023-300x199 The annual ‘Advanced OVI Seminar’, presented by the Ohio Association of Criminal Defense Lawyers (OACDL), was held last week in Columbus. As usual, the seminar featured outstanding speakers from Ohio and across the continent. As always, the speakers delivered valuable information to help DUI lawyers (called ‘OVI’ lawyers in Ohio) improve their skills.

March 3, 2023

New Ohio DUI/OVI Regulations Authorize Oral Fluid Testing

by Shawn Dominy

Mouth-swab-300x200

In November of 2022, an article in this blog reported the state of Ohio intends to use oral fluid testing in the future. The future is here. When NBC4 reported on the Traffic Safety Council’s recommendation of oral fluid testing for DUI cases (called ‘OVI’ in Ohio), the Ohio Department of Health had already passed new regulations which add oral fluid to the bodily substances which may be tested. Those regulations became effective on January 23, 2023.
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