Tag Archives: Ohio Driving Under the Influence

A recent article in Forbes Advisor purports to tell readers ‘everything you need to know’ about a first-offense DUI.  The article discusses definitions, consequences, and options in general terms.  It does not tell readers precise definitions, consequences, and options in a particular state.  The problem is DUI laws are state-specific:  every state has its own DUI laws.  If you really want to know about a first-offense DUI in Ohio (where it’s called ‘OVI’), read on. Read More »

As an Ohio lawyer representing clients for DUI (called ‘OVI’ in Ohio), I am often asked questions regarding what happens when an out-of-state driver is charged with OVI in Ohio.  This article answers the most frequently asked questions on that topic. Read More »

Effective January 23, 2023, Ohio has new regulations governing chemical testing in DUI cases (called ‘OVI’ in Ohio).  The revised rules authorize the use of oral fluid testing, approve new breath-testing machines, and revise requirements for the maintenance of testing equipment. Read More »

Under current Ohio law, a driver may be charged with Driving While Texting if the driver is stopped for another offense and the officer discovers the driver was texting while driving.  However, a police officer is not permitted to initiate a traffic stop based on the officer’s suspicion that a driver was doing so.  As of April 3, 2023, officers will be authorized to stop a vehicle if the driver is using, holding, or physically supporting an electronic wireless communications ... Read More »

One possible consequence of a DUI conviction (called ‘OVI’ in Ohio) is the court-ordered use of an ignition interlock device.  What is an ignition interlock device?  When does Ohio law require its use?  How does one obtain an ignition interlock?  This article answers those questions. Read More »

DUI cases (called ‘OVI’ in Ohio) have time limits.  The Sixth Amendment to the United States Constitution gives everyone the right to a “speedy and public trial”.  In addition to the Constitutional time limits, there are statutory time limits imposed by state legislatures.  In Ohio, the trial for an OVI must generally be held within 90 days.  For cases in which there is a delay in obtaining blood and urine test results, the question is when the speedy trial clock ... Read More »

Each state has different laws for DUI (called ‘OVI’ in Ohio), and some state laws are more lenient than others.  In some states, a first offense is merely a civil sanction.  In other states, a first offense carries mandatory jail time.  In Ohio, the sentence for a first offense OVI does include a mandatory jail term, but that jail term may be avoided by completing a Driver Intervention Program (DIP). Read More »

In Ohio, one consequence of repeat DUI convictions (called ‘OVI’ in Ohio) is immobilization or forfeiture of the vehicle driven by the defendant at the time of the offense.  Those sanctions are imposed if the vehicle is in the defendant’s name.  For a second offense within ten years, the vehicle is immobilized for 90 days.  For a third offense (or more) within ten years, and for a sixth offense (or more) within 20 years, the vehicle is forfeited.  The Constitutionality ... Read More »

A recent New York Times article answers this question:  “I know all about the dangers of driving while drunk.  But is driving while high on marijuana as dangerous?”  The author discusses the possible dangers of driving under the influence of marijuana.  Studies on marijuana-related driving impairment have produced inconsistent results, so the true danger is unknown.  What is known is THC blood levels are not correlated with driving impairment. Read More »

Apple is considering an iPhone feature which would lock a user out of his or her car if the user’s breath alcohol levels are too high.  According to a recent patent application, published by the U.S. Patent and Trademark Office, Apple has developed a program on the IPhone and Apple Watch for those devices to function as breath-testing instruments. Read More »