Common Facts About Drinking and Driving in Ohio

From my perspective as a longtime Franklin County drunk driving attorney, the most-concerning fact about driving under the influence involves how easy it is to get charged unfairly and inappropriately with DUI. People can easily fail field sobriety tests due to factors that have nothing to do with intoxication. Legal blood alcohol concentration limits for drivers younger than 21 (.02 BAC) and for commercial truck drivers (.04 BAC) are low enough to register false positives even when the suspect has not been drinking within hours of getting behind the wheel. DUI checkpoints create stress in drivers that can be interpreted by law enforcement officers as confusion and lack of coordination brought on by drunkenness.

  • 2017-08-18
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What Types of Prescription Drugs Can Cause a DUI Charge?

Ohio laws that prohibit operating a vehicle while intoxicated (OVI) apply equally to diving under the influence of alcohol or drugs. The category of drugs, of course, includes prescription medications, so taking a wide range of otherwise perfectly legally and safe drugs can put an Ohio driver at risk for arrest and conviction. If you find yourself in this difficult situation, consider reaching out to a Columbus, Ohio OVI defense attorney, who understands how to handle cases involving prescription drug use.

  • 2016-10-17
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Charges for the Illegal Manufacture of Drugs

Under both Ohio and federal law, the illegal manufacture of drugs is a very serious crime.  If the controlled substance manufactured was a schedule I or II drug, this is classified as a second degree felony and the penalty for this is a mandatory two to eight years in prison and a fine of up to $15,000.  If the manufacturing took place in the vicinity of juveniles or of a school, the sentence is enhanced to be a first degree felony with three to 10 years in prison and a fine of as much as $20,000. 

Schedule I drugs include heroin, LSD, marijuana drug crime, ecstasy, methaqualone, and peyote. According to the Drug Enforcement Agency, Schedule I drugs are defined as “drugs with no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence.” 

  • 2015-12-07
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What Happens When You are Charged for Marijuana Possession if You are a Minor?

If you or your minor child is charged with marijuana possession, the first action you need to take is to find an experienced, skilled attorney to defend you against these charges. Though the State of Ohio has made first-time personal possession charges a minor misdemeanor, there is a great deal at stake here.  Any drug conviction in Ohio could result in a suspended driver’s license, with the suspension lasting anywhere from six months to five years. In addition, a drug conviction becomes part of your permanent record and could follow you for a long time to come, ruining scholarship, employment, and tenancy chances.

Beyond a possession charge, if the charge is connected to an OVI (operating a vehicle while impaired) penalties become dramatically more serious, even for juveniles.

  • 2015-10-27
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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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Why Sobriety Tests Are Unreliable

Combinations of field sobriety tests and chemical tests for alcohol and drugs are used to make arrests and secure convictions for operating a vehicle while impaired (OVI). Each set of assessments have reliability issues. A skilled Delaware, Ohio, OVI attorney will know how to probe those weaknesses while mounting a defense against a drunk or drugged driving charge.

When a law enforcement official stops a driver for suspicion of driving under the influence, he or she will ask the suspect to perform several tasks. Refusing the request is within the suspect’s rights, but doing so will likely result in an arrest and administrative license suspension.

  • 2016-04-07
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Penalties for Driving Under the Influence of Drugs

OVI (operating a vehicle while impaired), also known as DUI (driving under the influence) is typically associated with alcohol-impaired driving. More and more, drug impaired driving is becoming a problem on Ohio roads. Officers are trained to look for drivers exhibiting symptoms of drug impaired driving.  

If a law enforcement official has reason to suspect you are under the influence of drugs – whether legal prescription medications or illegal drugs – he or she may arrest you for drugged driving. If arrested, you may be required to take a blood or urine test. If you refuse to take a chemical test after being arrested, you will be subject to an administrative license suspension.

  • 2015-10-30
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How Long Will I Spend in Jail as a DUI Offender?

One of the primary reasons to hire a Columbus drunk driving attorney is to get help with staying out of a county jail cell.

The following table summarizes the types of jail sentences Ohio courts can impose for operating a vehicle while intoxicated (OVI). Note that avoiding incarceration altogether is pretty much impossible for what judges call a “high test” conviction, even when the defendant has no previous history of driving under the influence.

  • 2017-01-24
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How Officers Test for Alcohol and Drugs in Your System

There are three chemical tests law enforcement officers may perform on you if you have been arrested for driving under the influence (DUI) or operating a vehicle while impaired (OVI). Officers may test your breath, your blood and/or your urine to determine if you have a blood alcohol content level (BAC) over the legal limit. In Ohio, DUI penalties for a first time offense are set according to your BAC level.  If the BAC was between .08% and .17%, there is a mandatory three-day jail stay.

  • 2015-12-10
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What Can Happen if Drugs are Found in Your Vehicle?

The National Highway Traffic Safety Administration (NHTSA) estimates that illegal drugs are used by approximately 10-22 percent of drivers involved in all motor vehicle crashes, often in combination with alcohol. Further, Ohio has high rates of prescription drug use among those involved in traffic fatalities, which means law enforcement may be looking for people driving under the influence of prescription medication, alcohol, or both. (NHTSA Prescription Drug Study)

  • 2015-10-27
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