This blog is not a bar band: we take requests without asking for tips! Yesterday, we received a question from a reader who wants to understand the interplay of Child Endangering and DUI (called ‘OVI’ in Ohio). This article is going to answer that reader’s question. Ask and you shall receive.
The Vegas DUI seminar presented by NCDD and NACDL always rekindles my passion for DUI defense (called ‘OVI’ in Ohio). This year, I went with my associate Bryan Hawkins. Although we have both presented at many seminars, there is always more to learn, and we each felt like there were many useful take-aways from the presentations. The presentations were all good, and there were three which were especially noteworthy.
A recent news story reported the arrest of a 14-year-old boy for DUI (called ‘OVI’ in Ohio). It is somewhat unusual for a juvenile to be charged with OVI in Ohio. When a juvenile faces an OVI case, some aspects are the same as adult OVIs and some components are different. Those components include the investigation, the court process, and the penalties.
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?
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.
Muhammad Wilkerson, former defensive end for the New York Jets, was arrested for Operating a Vehicle under the Influence and Unlawful Possession of a Loaded handgun. Wilkerson’s arrest occurred in New Jersey. If Wilkerson were arrested for these offenses in Ohio, he would be charged with OVI and Improperly Handling Firearms in a Motor Vehicle. This article describes the elements, court process, and potential penalties for these offenses in Ohio.
Columbus OVI/DUI Attorney Blog