Tag Archives: driving while intoxicated

Missouri has not criminalized open containers of alcohol in vehicles on state roads. The result has surprised some safety experts. Instead of an increase in highway motor vehicle fatalities, Missouri’s roads have become safer. They have become safer than other states. Federal dollars earmarked for road construction have been forced to be re-allocated toward highway safety projects in Missouri. The federal government attaches strings to its spending measures. Missouri has not complied. Missouri’s gamble has paid off. The current penalty ... Read More »

When we consider the impact of a DUI (called ‘OVI in Ohio), we typically think of the sentence imposed by the court.  The sentence for a first-offense OVI in Ohio includes a mandatory jail term of three days to 180 days, a mandatory license suspension for one year to three years, and a mandatory fine of $375 to $1,075.  In addition to those mandatory aspects of the sentence in court, there are secondary consequences for an OVI conviction.  One of ... Read More »

Picture a woman standing in her garage beside her car.  The engine is not running, but the car is ‘on’ with the radio playing.  Police arrive at her residence, enter the garage, and give her field sobriety tests.  The officers determine she is under the influence of alcohol, arrest her, and charge her with DUI (called ‘OVI’ in Ohio).  Can she be convicted of OVI? Read More »

In Missouri driving while intoxicated (DWI) cases, police officers are required to follow certain standards. Standards are in place in an attempt to bring some degree of scientific certainty to testing procedures. Breath testing machines have been subject to weak oversight regarding testing standards. The result can be wrongful convictions. The Missouri Code of State Regulations (19 CSR 25-30) specifies the standards that should be followed when testing the accuracy of breath testing devices. If the standards are not followed, ... Read More »

Sherry Tidwell was backing out of a parking space at a convenience store, and there happened to be a police officer in the parking lot.  A man in the doorway of the store yelled to the officer, “Hey, you need to stop that vehicle.  That lady is drunk.”  The officer watched as Tidwell backed slowly out of the parking space and then drove slowly toward the road.  The officer noticed that Tidwell had a blank stare, and the officer was ... Read More »

Every state has a law which prohibits driving under the influence of marijuana.  To enforce those laws, governments use roadside field sobriety tests to detect marijuana intoxication and laboratory tests to measure THC levels in blood and urine.  The use of these tests is premised on the belief that performance on field sobriety tests and THC levels are correlated with marijuana intoxication.  A recent study conducted for the United States Department of Justice shows that belief is wrong. Read More »

Most people don’t research DUI because they don’t think it will happen to them.  Until it does.  When a person is charged with DUI, they suddenly find themselves in need of accurate information.  They need to know what consequences they are facing, the potential defenses, and whether they can avoid a DUI conviction.  They also need to know what to expect when they go to court and how to find a good DUI lawyer.  A new book, the Ohio DUI/OVI ... Read More »

The national trend toward marijuana legalization results in more drivers with THC in their systems. Law enforcement agencies currently test for THC at a laboratory after a driver is arrested for DUI (called ‘OVI’ in Ohio). Law enforcement desires to use a device to test for THC before a driver is arrested, and the instruments used in crime labs are much too large to be used in the field. That creates a market for companies to manufacture roadside THC testers. ... Read More »

It may sound like an off-the-wall defense theory, but auto-brewery syndrome is real.  Our bodies can produce alcohol.  Alcohol (ethanol) is basically the product of fermented sugar and yeast.  We ingest yeast in various foods, and at least one kind of yeast is in the human body naturally.  Also present in the body is sugar, either through direct consumption or through the break-down of carbohydrates into glucose.  This means the body is capable of producing alcohol.  Driving with that endogenous ... Read More »

In DUI cases across the country, one of the most frequent reasons drivers are pulled over is for a Marked Lanes violation. Laws related to this offense vary from state-to-state. If a police officer observes a Marked Lanes violation, the officer is permitted to make a traffic stop. In Ohio, there has been confusion about what constitutes a Marked Lanes violation. That confusion was recently clarified by a case in the Ohio Supreme Court. Read More »