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What Happens if I Get a DUI Outside of Ohio?

Getting convicted of driving under the influence of alcohol or drugs anywhere in the United States brings serious legal and financial consequences. The location does matter to some extent, however, because each state has its own laws and penalties for the offense Ohio statutes call operating a vehicle while intoxicated, or OVI.

  • 2017-07-06
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What Officers Are Looking for During a Checkpoint

Every driver is likely to encounter a drunk and drugged driving checkpoint at some point. People who see a checkpoint in time, or who know about one in advance (checkpoints must be announced), can legally take a route around a DUI checkpoint. Once a person enters the cones, however, it becomes a criminal offense to refuse to stop and hand over one’s license, registration, and proof of insurance.

  • 2017-06-07
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The Use of Video Evidence in OVI Arrests

In Columbus and Franklin County, Ohio, local police officers, state troopers, and their cruiser are often equipped with digital recording devices that capture visual records of stops and arrests for operating a vehicle while intoxicated (OVI). Footage from dashboard cameras and body cams, which can legally be supplemented by recordings bystanders make on smartphones, is used in different ways by officers, prosecutors, and drunk and driving defense attorneys. Understanding what video can and cannot show, as well as how video footage can support or contradict spoken and written accounts of an incident, can make the difference between getting convicted of OVI and being acquitted or having the charge dismissed before a trial.

  • 2017-05-10
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Is It a Refusal if I’m Unable to Blow in the Breathalyzer?

Being physically unable perform a breath test while under suspicion of operating a vehicle while intoxicated (OVI) can stand as a positive defense against an OVI refusal charge.

Stripping out the legalese, a judge can find you not guilty of refusing to do a Breathalyzer if you and your Delaware, Ohio, OVI lawyer can show that you were too ill, injured or incapacitated to produce an adequate breath sample.  This may allow for avoiding the increased penalties involved with a conviction for refusing a breathalyzer when you have a prior OVI offense within a certain period of time.

  • 2017-04-05
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Are Minors Allowed to Drink in Their Parent’s Home?

Ohio law recognizes a very limited set of exceptions to its law that only people older than 21 can drink alcohol. Specifically, teens and young adults who are “supervised by a parent, spouse who is not an underage person, or legal guardian” can legally possess and consume beer, wine, or liquor in a private residence. The “supervised by an adult” exception does not extend to public places, and it does not cover other people’s children or spouses.

  • 2017-06-27
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Drunk Driving Attorneys in Columbus, Ohio

Open Container Ticket Defense in Columbus Ohio

Violating Ohio's open container law is surprisingly easy and can have serious consequences. Fortunately, defending against a citation or a criminal charge is possible with the help of an experienced Columbus Ohio drunk driving attorney.

  • 2017-05-26
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What Happens When You Hold a CDL and Are Charged With DUI in a Noncommercial Vehicle?

Ohio drunk and drugged driving laws treat all driver's licenses equally regardless of which type of vehicle a person was operating. This means that anyone who has his or her personal license suspended for committing an alcohol or drug offense in their own car will also have each commercial driving certification they hold suspended.

  • 2017-04-19
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What’s the Difference Between DUI and OVI?

“DUI” stands for “driving under the influence.” As a criminal/traffic charge, it applies to drunk drivers and drivers who have taken the road after using drugs such as marijuana, cocaine, heroin, opioid painkillers, and methamphetamines.

  • 2017-06-16
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Can My DUI Be Dismissed if I Was Not Read My Miranda Rights?

Let's handle this Q&A style.

 

Can I ask a judge to dismiss my drunk or drugged driving charge just because the officer who arrested me did not read me my Miranda rights?

No.

 

But receiving a Miranda warning matters, right?

  • 2017-05-22
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Do DUI/OVI Laws Apply to All Types of Vehicles?

Ohio statutes call the offense of driving under the influence of alcohol or drugs “operating a vehicle while intoxicated.” This very intentional use of the awkward term OVI instead of DUI allows police and courts to enforce drunk and drugged driving laws as widely as possible.

So, yes, any person in control of any vehicle can face a DUI/OVI charge in Ohio. Intoxicated pedestrians can only face disorderly conduct or public drunkenness charges, providing they commit no other criminal offenses and are older than 21.

  • 2017-04-12
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