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Channel: Breath Testing – Dayton DUI Attorney Charles Rowland
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Ohio DUI Defense: The Top 10 DUI Defenses

Your Ohio DUI defense attorney should be familiar with these “TOP 10″ defenses to an Ohio DUI. 1. Hire The Best DUI Attorney: The most important decision that you can make in defending your case is...

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Intoxilyzer 8000: The More You Blow

The Intoxilyzer 8000 is Ohio’s breath testing device in DUI cases.  One of the major flaws of the machine is that its testing protocol can result in inflated tests. The more you blow, the higher it...

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New DUI Punishment Coming To Ohio

The Ohio legislature is considering H.B. 469 (Annie’s Law) which would bring a harsh new DUI punishment to the State. Currently, ignition interlock devices are used in all 50 states and the District of...

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Are You Fat? Old? A Woman? Then The DUI Laws Are Biased Against You

Did you know that the DUI laws are inherently biased against most of us? Alcohol loves water and will move into spaces where water is the most prevalent.  Fatty portions of the body have a low water...

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Laser DUI Detectors Being Developed

Laser DUI detectors are on the way! Imagine driving down the street and having a police laser passively check your car for alcohol vapors.  According to the Huffington Post, scientists at the Military...

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Problems With The Intoxilyzer 8000: You Blew Too Much!

The Intoxilyzer 8000 measures how much breath you provide by something called a ‘pressure transducer.’ Instead of directly measuring the volume of your breath by a pressure switch, like the old...

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The Ohio OVI Breath Test – How To Fight And Win

You may think that any person who takes an OVI breath test and blows above Ohio’s .08 legal limit is guilty of OVI.  This is not the case. Ohio employs a device called the Intoxilyzer 8000.  This...

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Methods for Obtaining A Test Under Ohio’s Implied Consent Law

    When you drive on Ohio’s roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C....

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Alcohol And Your Body: A Primer

About 20% of the alcohol (actually the impairing substance is ethanol) in your beverage is absorbed in the stomach and the remaining 80% is absorbed in the small intestine.  How fast it is absorbed is...

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When Stopped On Suspicion of DUI – Should I Blow?

When you are stopped on suspicion of DUI the question becomes – “Should I Blow?”  Unfortunately, the answer is “maybe” and involves a very complicated investigation of the facts of your case and your...

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DUI Case Law Update: State v. Ilg

DUI case law update: State v. Ilg, Slip Opinion No. 2014-Ohio-4258 For most of my career I have had to deal with a tremendous disadvantage in DUI cases.  In 1984, the Ohio Supreme Court decided State...

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Is It A Crime To Refuse To Take A Breath Test?

Is it a crime to refuse to take a breath test? Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving)  or...

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OVI Law: Elimination of Alcohol By Oxidation

OVI law requires an understanding of how alcohol enters, affects and exits the body.  Here is a brief overview of the elimination process. Alcohol exits the human body by being oxidized by a number of...

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DUI Attorney Strategies – Know The Science!

Here is a tool that every DUI attorney should have in their arsenal.  It is a study entitled, Absorption, Distribution and Elimination of Alcohol: Highway Safety Aspects and it has a number of facts...

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Diet Soda Can Elevate Blood Alcohol Concentration

Diet Soda Gets You Drunk... Quick! A new study released in the journal Alcoholism suggests that cutting alcoholic drinks with diet soda makes them more potent than using their full-calorie...

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OVI Science: A Quick Explanation of Henry’s Law

OVI science is a term used to describe the myriad disciplines of science involved in the defense of OVI (drunk driving cases). Here is a quick explanation of Henry's Law. If you have ever opened a cold...

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Intoxilyzer 8000 Biased Against Americans

The Intoxilyzer 8000 is used in Europe under the brand name Lion.  On their website [HERE] they describe the process of breath alcohol physiology.  There is one glaring difference however. They use a...

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Arrested for OVI? Should You Blow?

When you are stopped on suspicion of DUI the question becomes - "Should I Blow?" Unfortunately, the answer is "maybe" and involves a very complicated investigation of the facts of your case and your...

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Ohio OVI: What Are The Legal Limits?

In Ohio, an OVI refers to the charge of operating a vehicle while impaired by drugs or alcohol.  If your Blood Alcohol Content (BAC) and breath alcohol content (BrAC) is .08 or greater, you are...

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Don’t Volunteer Evidence – You Have Rights! Use Them!

A typical DUI/OVI stop starts with a probable cause traffic stop.  Depending on the time of day, the location or the way you are driving, the officer may begin the encounter believing that you are...

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