OVI / DUI Law Archives • Columbus OVI/DUI Attorneys and Criminal Lawyers

September 11, 2015 by Suhre & Associates

How to Challenge Urine Test Results in Ohio

If you or a loved one is facing a DUI charge based upon a urine test, do not fret. It has been scientifically established that amongst the three most common methods used to determine blood alcohol concentration (BAC) in a DUI case, the urine test method is the least accurate. Yes, you read that correctly – a urine test is the least accurate way to determine whether you or a loved one was intoxicated.

Why are urine tests so unreliable? It is mainly due to the fact that the alcohol percentage in your urine differs from that in the blood, and no amount of calculation can provide an absolute formula to estimate of how much, or how little, the alcohol percentage in the urine is as compared to the percentage in your blood. Many experts will agree that alcohol percentage in urine is typically about 1.33 times of that in the blood; more often than not, however, this number varies widely from person to person due to several individual biological factors.

Most states have modified their laws accordingly and use the urine test method only in such cases where blood testing or breath testing procedures cannot be administered in a timely fashion. However, Ohio law remains an exception and the state continues to place undue importance on urine test results in determining a person’s level of intoxication.

In Ohio, all applicable laws and procedures related to urine tests are set forth in Ohio Administrative Code 3701-53-05, titled “collection and handling of blood and urine specimens” and 3701-53-06, titled “laboratory requirements,” respectively. This, combined with the Ohio OVI code O.R.C. 4511.19, includes the crucial elements that can both make or break a criminal defense for a DUI/OVI charge.

Fighting the Results of a Urine Test

In order to successfully challenge a urine test result in Ohio, the following nine issues should be raised and examined very carefully, since they involve important protocols that all police and laboratory staff must follow:

Was the urine sample obtained by qualified laboratory personnel?
Was the laboratory equipment used to collect and contain the urine sample sterilized and scientifically calibrated?
Was the method used to analyze the urine sample specifically approved? According to O.A.C. 3701-53-03(B), there are currently six approved methods – immunoassay, thin-layer chromatography, gas chromatography, mass spectroscopy, high performance liquid chromatography and spectroscopy.
Was the urine sample refrigerated apart from while in transit or under examination?
Did more than three hours elapse between the alleged offense and the collection of the urine sample?
Did the offender take any other beverage during that time?
Is there a chance that the sample container can be tampered with?
Does the laboratory have a valid permit issued by the director of health?
Was the complete chain of procedural evidence followed?

If any of the above questions’ answer is negative, be assured that you have a valid ground for challenging your urine test results under the Ohio law. Due to the complexity of drunk driving laws it is important that you discuss your DUI case with an experienced Columbus OVI lawyer.

August 29, 2015 by Suhre & Associates

Understanding the Ramifications of Repeat DUI/OVI Convictions in Ohio

If you are charged with a DUI/OVI (i.e. driving under the influence/operating a vehicle while intoxicated) in Ohio and already have a DUI/OVI conviction on your record, be prepared for a fight. Many prosecutors are not lenient on defendants who already have a DUI/OVI conviction. Furthermore, the penalties, under Ohio law, become more severe with each conviction. For example, the amount of the monetary fines increase, the length of jail time increases, and the length of an administrative license suspension increases. In fact, a second or subsequent DUI/OVI conviction may result in:

Jail time;
Having to forfeit your vehicle;
Having to install an ignition interlock device in your vehicle; and
Having to register as a DUI/OVI habitual offender.

Escalating Scale of Punishment

If you are convicted of a second DUI/OVI within six years, you will have to serve a minimum mandatory jail sentence of ten consecutive days. If you refused to take a Breathalyzer test or took the test and had a high BAC, the amount can double to 20 consecutive days. The license suspension can be between one year to up to five years. You will also have to undergo mandatory rehabilitation treatment, have an ignition interlock device installed in your vehicle, and your vehicle will have to remain immobile for up to 90 days.

The penalties only get worse for a third Ohio DUI/OVI conviction within six years. If you are convicted three times, you’re looking at 30 consecutive days as a minimum mandatory jail sentence. Once again, this amount can double to 60 days if you refused to take a Breathalyzer test or had a high BAC. Your license will be suspended for at least two years and up to 10 years. You will also have to undergo mandatory rehabilitation treatment, have an ignition interlock device installed in your vehicle, and relinquish your vehicle to the authorities.

A fourth DUI/OVI conviction in six years is quite serious since the offense escalates to a felony. This means you’re looking at a minimum 60-day jail sentence with even more possible if you had a high BAC and refused to take a Breathalyzer test. All of the other penalties mentioned above will also be enforced.

What to Do If You Have Multiple DUI/OVI Convictions

If you are facing DUI/OVI charges and have a record of past DUI/OVI convictions, you can still fight the new charges. You are not required to simply accept the guilty plea and face a damaging sentence. Each time you are charged, you have the same defenses available to you and your Constitutionally-protected rights are never waived.

You may be able to challenge the arrest entirely. For example, an investigation needs to be conducted into whether the stop was necessary and whether the officer followed the necessary steps when administering the Breathalyzer test. If they failed to follow protocol, that evidence could be thrown out.

July 31, 2015 by Suhre & Associates

Ohio Ranked as One of the Most Lenient States on Drunk Drivers

The website WalletHub recently ranked all 50 states according to how strict they are on drivers charged with driving under the influence. Surprisingly, Ohio is ranked near the bottom of the list, meaning it is considered one of the more “lenient” states when it comes to punishing alleged drunk drivers. Ohio came in at No. 41, tied with New Jersey. South Dakota was ranked as the most lenient state. It has no minimum jail sentence for a first-time DUI offense or second offense. Arizona was ranked as the strictest state, according the WalletHub report. Arizona has a 10-day minimum jail sentence for first time DUI offenders and a 90-day minimum jail sentence for a second DUI offense.

WalletHub utilized 15 metrics and weighted each so that the toughest ones (i.e. jail sentences) and those shown to have the biggest impact on repeat offenders (i.e. ignition interlock devices) were weighted more heavily, according to the WalletHub report. An article on Chron.com summarized the report and listed the other key metrics, which included:

Number of years a DUI arrest factors into a new DUI charge;
Additional penalties for high blood alcohol content;
Minimum fines for first and second offenses;
Whether there is a provision for protection against child endangerment;
Which conviction triggers a mandatory ignition interlock;
Length of time the interlock is mandatory;
Length of administrative license suspension after arrest but before conviction;
Whether alcohol abuse assessment or treatment is mandatory;
Whether a vehicle is impounded after the driver’s arrest for DUI;
Amount of an average insurance rate increase after a DUI;
Whether there is a “no refusal” initiative for rapid search warrants for sobriety testing; and
Existence of sobriety checkpoints.

Ohio has a 3-day minimum jail sentence for a first-time DUI offense and a 10-day minimum jail sentence for a second DUI offense. Additionally, a Ohio DUI charge escalates to a felony when a driver is charged for a fourth time.

Ohio’s ranking is somewhat puzzling since the Buckeye State is tied with New Jersey at No. 41. New Jersey has no minimum jail sentence for a first offense DUI and only a 2-day minimum jail sentence for a second DUI offense. Yet, despite Ohio’s more stringent laws, it is tied with the Garden State.

Ohio should probably be ranked higher on this list since the DUI laws in the state are closer to higher-ranked South Carolina. In the Palmetto State, a driver charged with DUI faces a 2-day minimum jail sentence for their first offense and a 5-day jail sentence for their second offense (which is actually less stringent that Ohio). Like Ohio, South Carolina escalates a DUI offense to a felony after the fourth offense.

These rankings raise the important question: do stricter laws result in less DUI-related incidents? Maybe. In Arizona, there were 219 drunk driving-related fatalities last year, which constitutes 25.8 percent of all traffic-related deaths, according to MADD. In Ohio, there were 271 drunk driving-related fatalities, which constitutes 27.4 percent of all traffic deaths, also according to MADD. Yes, Arizona has fewer drunk driving incidents, but it is not leaps and bounds better than Ohio.

April 3, 2015 by Suhre & Associates Leave a Comment

Boating Under the Influence of Alcohol

If you enjoy boating, Ohio offers plenty of opportunities for you, from the Ohio River to the thousands of lakes and rivers, including one of the five Great Lakes, Lake Erie. There are numerous reasons for boating, such as fishing or simply enjoying a nice day on the water. And whatever the reason for boating, it is often accompanied by the consumption of alcohol.

Because of the openness of the water, it is easy to forget that operating a boat under the influence of alcohol contains many of the same dangers as operating a vehicle under the influence of alcohol (OVI). In addition, there are other dangers, like the risk of drowning, that are not present when driving a car. As a result, boating under the influence (BUI) is a serious offense, with similar consequences to OVI.

Different Requirements for a Stop

Unlike operating a vehicle, an officer may stop a person boating and inspect the boat, even if the officer has no suspicion that a violation of the law has occurred. Under federal law, “the Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States.” The law further gives the Coast Guard the authority to board any vessel and examine, inspect, and search the vessel. During the inspection, the officer may request the operator of the boat to submit to a sobriety test if he or she has a reasonable suspicion that the operator is intoxicated.

Intoxicated

Under Ohio law, it is illegal for a person to operate or be in physical control of any vessel or to manipulate any water skis, aquaplane, or similar device on the waters of Ohio if the person has a blood alcohol concentration (BAC) of 0.08% or higher. It is also illegal if the person is under the influence of alcohol, a drug of abuse, or a combination of them. Under federal law, a person is liable to the U.S. government for a civil penalty if he or she is under the influence of alcohol, or a dangerous drug in violation of a law of the United States when operating a vessel.

Penalties

BUI is a first degree misdemeanor, with a potential jail sentence of up to six months and a fine of up to $1,000. In addition, like for OVI, there is a mandatory three day jail sentence, though this may be avoided if the offender is admitted into a three day certified driver intervention program. Unlike OVI, there is no automatic driver’s license suspension. As a result, it is possible that a BUI conviction will not impact a person’s ability to drive a motor vehicle.

Alternatively, if the Coast Guard issues a Notice of Violation, the case may be heard under a civil penalty proceeding, with a potential fine of up to $5,000. It is important to note that the Coast Guard may also transfer the offender to the custody of state or local authorities.

Boat Safely

Getting out on a boat is often times a great experience. But, it is important to remember that you are driving a machine that can be very dangerous if not operated correctly and carefully. It is important to always drink responsibly, even when you are on a boat.

March 2, 2015 by Suhre & Associates 1 Comment

Ohio’s Implied Consent Law

If you are a driver in Ohio, it is important to be aware of the implied consent law related to operating a vehicle while under the influence.

In the unfortunate event that you are arrested for suspicion of drunk driving, having knowledge of the implied consent law can be beneficial.

Meaning of Implied Consent

Under Ohio law, a driver is considered to have consented to a blood, breath, or urine test if the driver is arrested by a police officer who has reasonable grounds to believe the driver was operating a vehicle under the influence (OVI). It is important to note that a person need not be actually driving the vehicle. Rather, pursuant to §4511.194, a person may be arrested if they are deemed to be in “physical control” of the vehicle, which is defined as being in the driver’s seat with the keys, even if the keys are not in the ignition.

The officer must inform the arrested person that refusal to take a test will result in license suspension. However, according to §4511.191(A)(5)(b), the officer may use “whatever reasonable means are necessary to ensure that the person submits to a chemical test.” The statute further provides for criminal and civil immunity for the officer from a claim of assault and battery, unless he or she “acted with malicious purpose, in bad faith, or in a wanton or reckless manner.”

Consequences of Refusing to take the Test

For a first-time offender, the refusal to take the test will result in a one-year suspension of the person’s driver’s license. If it is the second offense within the past six years, the suspension will be two years. If it is the third offense within the last six years, the suspension will be three years. The suspension may be appealed at the initial appearance for the charge that resulted from the arrest or within 30 days of the initial appearance. Importantly, the suspension will continue during the appeal process.

Pursuant to §4511.197, a person may appeal on the ground that one of the following conditions was not met:

The arresting officer had reasonable ground to believe the arrested person was driving or in physical control of a vehicle under the influence and the person was actually placed under arrest;
the officer requested the arrested person to submit to testing;
the officer informed the arrested person of the potential use of reasonable means to force the person to submit to testing; or the officer informed the person of the consequences of refusing to be tested;
the arrested person refused to be tested; or
the arrested person failed the test.

If it is found that all of the conditions were met, the judge will uphold the suspension.

Columbus DUI Attorney

If you have been arrested and charged with operating a vehicle while under the influence, you face potentially significant penalties. Contact the experienced Ohio DUI attorneys at Suhre & Associates, LLC today and let us fight for you.