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What to Do the Day After a DUI Arrest

My name is Jeremiah Denslow. I’m an Ohio attorney. My entire legal practice is focused on DUI defense. I want to talk about 3 very important issues to think about the day after a DUI arrest: The first thing to consider is the location of your car. In most DUI cases, immediately after an arrest, […]

Can you Challenge Breath Test Results in an Ohio DUI Case?

For the past thirty years, defendants charged with drinking and driving in Ohio were prevented from challenging breath testing devices such as a BAC Datamaster or Intoxilyzer 8000. The reason? In 1984, he Ohio Supreme Court issued a landmark decision, State v. Vega, that specifically stated defendants cannot attack the general reliability of a breath-testing […]

Getting Your License Back in an Ohio DUI Case

There are four recognized grounds for appeal of an administrative license suspension under Ohio Revised Code 4511.197(C). However, there are additional ways to challenge the suspension that are found in other provisions of the law. For example, when an officer doesn’t comply with any one of the specific provisions of Ohio Revised Code 4511.192, the […]

Are Breath Testing Devices Reliable in Ohio DUI cases?

Testing blood alcohol content (BAC) based on breath samples has been a basic tool of the  law enforcement community since the early 1940’s, when a scientist in Indiana developed a device known as the “drunkometer.” The drunkometer was soon adopted by police departments across the state of Indiana and utilized in DUI investigations. These breath […]

Ohio DUI Jury Instructions For Impairment Cases

When a DUI suspect takes an impairment case to trial under RC 4511.19(A)(1)(a), there are a number of rules that regulate how the trial proceeds and what evidence can be presented to the jury. In addition, there are Ohio DUI jury instructions that help members of the jury understand the relevant law, and ultimately, make […]

Documentary Evidence in Ohio OVI Cases

Because of the government’s heavy reliance on tests, documentary evidence relating to tests often plays a critical role in the prosecution of Ohio DUI cases. The two basic types of tests that generally arise in OVI cases are chemical tests and field sobriety tests. Chemical Tests of Bodily Substances Before chemical test results will be […]

Chemical Testing in Ohio DUI Cases

Chemical tests in Ohio OVI cases may be performed on a variety of bodily substances including breath, urine, whole blood, blood serum or plasma. However, in virtually all Ohio DUI cases, a suspect arrested on suspicion of OVI will be asked to submit to a breath test. That is because breath testing is generally considered […]

Ohio DUI Cases and Chemical Testing

Chemical testing of a suspected DUI driver for the presence of alcohol or drugs plays a major role in Ohio drinking and driving cases. Chemical testing may be conducted on one of the following bodily substances: (a) breath; (b) whole blood; (c) blood serum; (d) plasma; and (e) urine. Under R.C. 4511.19(A)(1)(b) to (i), there […]

Does a DUI Impact Your Automobile Insurance?

A DUI conviction carries many ancillary penalties and collateral consequences that are not set forth by the Ohio Revised Code. For example, nowhere does Ohio law tell you that many potential employers are reluctant to hire someone with a DUI conviction on their record. Similarly, the law does not inform you that your automobile insurance […]

Ohio Courtroom Procedure In DUI Cases

Ohio Courtroom Procedure in DUI Cases Part One : Arraignment The first stage in the courtroom process of a DUI case is the period of time immediately after the citation is filed with the court. The court will normally have an initial hearing within five days of the DUI incident. Your DUI lawyer will file paperwork […]

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