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).
Articles Tagged with OVI Lawyer in Columbus Ohio
Commercial Drivers and DUI / 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.
DUI/OVI and Improperly Handling Firearms in Ohio
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.
Ohio DUI / OVI Enforcement Increased for 2023 Winter Holidays
Christmas and New Year’s Eve are the most-celebrated holidays in the United States. During the winter holiday season, people attend more work parties, family functions, and other social events than any other time of the year. After attending those events, people need a way to get home. Most of them drive, and some of them drive under the influence. The government knows this, so DUI (called ‘OVI’ in Ohio) enforcement is intensified during this time of the year.
Some Allegations of Breath Test Refusals Are Unfair
Ohio’s DUI laws (called ‘OVI’ in Ohio) criminalize driving with a prohibited breath alcohol concentration. To determine whether a person has a prohibited breath alcohol concentration, law enforcement officers use breath-testing machines. If a person refuses a breath test, there are consequences. However, differences in height, age, gender, and smoking habits make some people physically unable to provide a sufficient breath sample. As a result, some people are accused of refusing a breath test when they didn’t.
Driving School Tests Skills of Drunk Drivers
The Chikushino Police Department has a program in which driving instructors test the driving skills of volunteers who are under the influence of alcohol. According to a CNN article, testing impaired drivers is part of a drunk driving awareness campaign. In Ohio, we do not use drunk driving exams to determine if drivers are impaired by alcohol or drugs. Instead, we use field sobriety tests and blood/breath/urine tests. Those tests are circumstantial evidence that a person was operating a vehicle under the influence.
Inventory Searches and DUI/OVI in Ohio
Following a DUI arrest (called ‘OVI’ in Ohio), it is common for an officer to search the suspect’s vehicle before having the vehicle towed. This ‘inventory search’ is an exception to the general requirement of a search warrant. For an inventory search to be valid, it must be done in accordance with the policy of the law enforcement agency. A recent case decided by the Ohio Supreme Court addressed what evidence is necessary to prove the search complied with the law enforcement agency’s policy. Continue Reading
DUI/OVI and Hit-Skip in Ohio
A police officer was recently charged with DUI (called ‘OVI’ in Ohio) and Fleeing the Scene of an Accident. According to News 13 in Myrtle Beach, the officer is a sergeant who serves as the supervisor of the traffic division. In our OVI defense practice, we have represented clients suspected of OVI and Failure to Stop After Accident (commonly called ‘Hit-Skip’). In some cases, the driver is charged only with Hit-Skip. In other cases, the driver is charged with both Hit-Skip and OVI. Drivers in those situations also face the possibility of being charged with felony offenses.
Miranda Violations Lead to New Trial in DUI Murder Case
When a suspect is in the custody of a law enforcement officer, the officer must provide Miranda warnings before questioning the suspect. If the officer does not give sufficient warnings, the suspect’s statements made in response to questioning cannot be used at trial. In a recent DUI Murder case in California, Miranda violations resulted in an appeals court ordering a new trial.
Defendant’s Medical Records Cannot Be Subpoenaed for Ohio DUI/OVI Cases
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.