Tag Archives: DUI lawyer

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 »

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 »

On August 27, 2020, Florida legalized edible medical marijuana. This significant law broadens the THC options available to qualified patients as well as provides alternatives to smoking medical marijuana, which was legalized in 2019. THC is the psychoactive compound in cannabis (marijuana) that provides treatment benefits for patients suffering from certain medical conditions. It comes in various forms, including edibles, which are cannabis-infused foods and beverages. Florida’s new edible medical marijuana law includes the following rules: No primary or bright colors in ... Read More »

In Kansas, the penalty for a DUI conviction depends largely on how many prior DUI convictions the defendant has.  For instance, the penalty for a first DUI requires 48 hours in custody and a $750 fine while the penalty for a fourth DUI requires 72 hours in custody and a $2,500 fine.  Judges in DUI cases order a criminal history report that includes a list of all prior convictions.  To determine whether the prior out-of-state DUI conviction can be used ... Read More »