In Ohio, there is a difference between a ‘vehicle’ and a ‘motor vehicle’.  In cases of Vehicular Homicide and Vehicular Assault, the difference matters.  The Ohio Supreme Court recently decided an Aggravated Vehicular Assault case in which the defendant’s guilt hinged on the definition of ‘motor vehicle’.  The Court’s decision affects both vehicular assault and vehicular homicide cases. Elements of Vehicular OffensesIn Ohio, vehicular offenses are comprised of elements.  Elements are similar to recipe ingredients in a cake.  For the dessert to be the cake described in ..read more

There are situations in which a law enforcement officer observes signs which appear to be symptoms of alcohol intoxication but are actually symptoms of a medical condition.  One of those situations is when a driver is experiencing hypoglycemia (low blood sugar).  The symptoms of hypoglycemia are nearly identical to the symptoms of alcohol intoxication.  A driver experiencing a hypoglycemic event at the time of an OVI investigation has a legitimate defense to the charge of DUI (called ‘OVI’ in Ohio). Alcohol Intoxication Compared To HypoglycemiaOfficers are trained to detect evid ..read more

A truck driver hauling 43,000 pounds of beer was charged with DUI (called ‘OVI’ in Ohio).  According to KRCR TV, the driver’s blood alcohol content was ‘over the limit’ for both commercial drivers and non-commercial drivers.  While the irony of a beer deliverer being charged with DUI may sound comical, a commercial driver would find nothing funny about being charged with OVI.  For holders of a commercial driver’s license (CDL), the rules related to OVI are strict, and the consequences are severe. Implied Consent for CDL HoldersAccording to Ohio Revised Code section 4506.17, CDL ..read more

A recent study by Lending Tree addressed the generational differences in bad driving.  The study analyzed the rates of driving incidents in four categories among five generations:  Generation Z, Millennials, Generation X, Baby Boomers, and the Silent Generation.  The study report explains Generation Z has the worst rates among all generations for all categories.   The ResearchLending Tree provides consumers with quotes for auto insurance, so the company has access to a lot of data.  For the study, researchers analyzed “tens of millions” of insurance quotes from 2023.&n ..read more

I came across an article about a pending bill in South Dakota which proposes expanding the scope of driving privileges for people convicted of DUI (called ‘OVI in Ohio).  It reminded me that, in Ohio, driving privileges related to OVI are often misunderstood.  This article clarifies Ohio law regarding limited driving privileges and describes how driving privileges work in practice. Ohio Driver’s License Suspensions Related to OVIIn Ohio, there are two types of driver’s license suspensions related to Operating a Vehicle Under the Influence (OVI). First, if a person is arrested for OVI ..read more

Muhammad Wilkerson, former defensive end for the New York Jets, was arrested for Operating a Vehicle under the Influence and Unlawful Possession of a Loaded handgun.  Wilkerson’s arrest occurred in New Jersey.  If Wilkerson were arrested for these offenses in Ohio, he would be charged with OVI and Improperly Handling Firearms in a Motor Vehicle.  This article describes the elements, court process, and potential penalties for these offenses in Ohio. The Wilkerson IncidentAccording to TMZ Sports, an officer stopped Wilkerson and noticed a strong odor of alcohol coming from the veh ..read more

Christmas and New Year’s Eve are the most-celebrated holidays in the United States.  During the winter holiday season, people attend more work parties, family functions, and other social events than any other time of the year.  After attending those events, people need a way to get home.  Most of them drive, and some of them drive under the influence.  The government knows this, so DUI (called ‘OVI’ in Ohio) enforcement is intensified during this time of the year. Impaired Driving Increases During the Winter HolidaysAccording to the National Highway Traffic Safety Administr ..read more

As of today, recreational marijuana use is legal in Ohio.  What is not legal is operating a vehicle under the influence of marijuana.  Ohio has five laws related to cannabis and cars, and those laws remain unaffected by Ohio’s legalization of recreational marijuana.   Ohio’s Five Laws Related to Marijuana and Vehicles Operating a Vehicle Under the Influence of MarijuanaOhio Revised Code section 4511.19(A)(1)(a) prohibits operating a vehicle ‘under the influence’ of a drug of abuse.  According to Ohio Revised Code section 4511.181, marijuana is a drug of abuse.  A pers ..read more

Ohio’s DUI laws (called ‘OVI’ in Ohio) criminalize driving with a prohibited breath alcohol concentration.  To determine whether a person has a prohibited breath alcohol concentration, law enforcement officers use breath-testing machines.  If a person refuses a breath test, there are consequences.  However, differences in height, age, gender, and smoking habits make some people physically unable to provide a sufficient breath sample.  As a result, some people are accused of refusing a breath test when they didn’t. Breath Tests in Ohio OVI CasesTwo paragraphs of Ohio Revise ..read more

The Chikushino Police Department has a program in which driving instructors test the driving skills of volunteers who are under the influence of alcohol.  According to a CNN article, testing impaired drivers is part of a drunk driving awareness campaign.  In Ohio, we do not use drunk driving exams to determine if drivers are impaired by alcohol or drugs.  Instead, we use field sobriety tests and blood/breath/urine tests.  Those tests are circumstantial evidence that a person was operating a vehicle under the influence. Drunk Driving ExamsThe testing is conducted by instruct ..read more