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Tag Archives: Ohio DUI Defense

Speedy Trial Law for Ohio DUI/OVI Cases

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 »

What Is an Ohio Driver Intervention Program?

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 »

Supreme Court of Ohio Addresses Constitutionality of Vehicle Forfeiture for DUI/OVI

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 »

Driving High and THC Levels

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 »

Can You Get a DUI/OVI on a Horse-Drawn Buggy in Ohio?

Imagine a person in the process of being charged with DUI (called ‘OVI’ in Ohio).  I’ll bet you are imagining a person driving a car, or maybe another motorized vehicle.  You are probably not imagining a person on a buggy.  What does Ohio law say about non-motorized vehicles?  Can a person be charged with OVI on one of those?  An Ohio man recently learned the answer is ‘yes’, at least for a horse-drawn buggy. Read More »

Private Company Developing Test for Marijuana Intoxication

With the legalization of marijuana use, both medicinal and recreational, law enforcement is concerned about the increased number of drivers impaired by THC.  Tests currently used by law enforcement measure THC levels in a driver’s bodily fluids.  However, it can be difficult for law enforcement to identify a driver who is impaired by THC, as THC levels do not closely correlate with THC impairment.  A private company is developing a test to determine whether a driver’s brain functions are impaired ... Read More »

What Car Models Had the Most DUIs in 2021?

Cars don’t get DUIs.  People get DUIs.  But they get them in cars…and SUVs, and trucks, and even on electric scooters and golf carts. So, are there some models of vehicles which have more DUIs than others?  In this electronic age, you know someone somewhere has the data to answer that question.  That someone is, and they did the number-crunching to provide a list of the Top 10 vehicles with the most DUIs in 2021. Read More »

Sentencing for Fatal DUI Crashes

ABC News reported that former Americna Idol star Caleb Andrew Kennedy was charged with DUI resulting in death.  At age 17, Kennedy faces up to 25 years in prison if convicted of the charge.  Kennedy’s crash occurred in South Carolina.  What penalties would a driver face if charged with an equivalent offense in Ohio? Read More »

Infrastructure Bill and Impaired Driving Detection

State and federal governments have implemented various methods to combat impaired driving in the United States.  One approach was creating DUI per se laws which made it illegal to operate a vehicle with a blood alcohol concentration of .10 or higher.  That ‘per se limit’ was later lowered to .08.  Other methods have included sobriety checkpoints, saturation patrols, and public relations campaigns.  The newest strategy, included in the federal 2021 Infrastructure Bill, is to install impaired driving detection systems in ... Read More »