During the holidays folks take to road to travel to spend time with extended families and friends. AAA, states traveling during the holidays has continued to increase each year except last year due to the 2020 covid outbreak, however 2021 looks to be the holiday travel recovery year. Nearly five million people are expected to be traveling in Ohio this holiday season, and 90 percent of those will be driving.

Due to the amount of traffic during the holidays there is an increase in accidents linked to DUI (driving under the influence). The National Highway Traffic Safety Administration (NHTSA) states that, in the last 5 years, around three hundred individuals have been killed in DUI / OVI accidents during the week of Christmas and New Year’s Day. Each year in Ohio, DUI related accidents have been the cause of several deaths during the Thanksgiving and Christmas holidays, according to law enforcement in Ohio.

With the concern of increased drunk driving leads to greater OVI enforcement during this time of year. Local law enforcement and the Ohio State Highway Patrol will add additional OVI / DUI patrols and DUI / OVI checkpoints. The National Highway Traffic Safety Administration (NHTSA) has started again its yearly ‘Drive Sober or Get Pulled Over’ campaign during the holidays urging all Americans to avoid consuming alcohol and driving a motor vehicle.

Motorist stopped by law enforcement face being charged with a DUI / OVI offence along with a variety of additional penalties. loss of their drivers, costly fees, court cost and jail or prison time are just a few of the consequence’s should a person be convicted of a DUI / OVI charge in Ohio.

The most responsible and law-abiding individuals can be confronted with an OVI charge. That doesn't mean that everyone charged with DUI in the state of Ohio is bad, nor does it mean that they are guilty.

Been Charged With a Ohio DUI / OVI? Call The Ohio DUI Guy Today for a Free Case Review: We will Come to You! 440-516-3800

Should you or someone you know be pulled over and charged with an Ohio DUI / OVI charge during this holiday season the Ohio DUI Guy and his team with over 44 years of legal experience are here 24/7 to help.

Can an Ohio DUI/ OVI Conviction be expunged from my record?

In October 2018, Ohio passed new expungement laws allowing for the sealing of multiple criminal records for eligible offenders.

Currently you cannot expunge an Ohio OVI/ DUI conviction under Ohio law. The law that passed in October 2018, excludes minor misdemeanor offenses, traffic violations, and OVI charges.

Everybody makes mistakes at some point and time in their life. Whenever these mistakes involve an Ohio OVI conviction the implications can alter the course of an individual’s future. Whether or not the person is actually guilty, an Ohio DUI charge doesn’t have to be the end of the road.

Because there is no expungement of an Ohio DUI / OVI conviction, your alternatives to protect your future are gone. You may believe there’s little that you can do, particularly if you have submitted to a breath, blood, or urine test or performed poorly during a field sobriety test. Even if your results are over the .08 Ohio legal limit, I can still help you avoid an OVI conviction. Due to the complexity of Ohio OVI cases, it is always in your best interest to contact a skilled local DUI attorney.

If you have been arrested and charged with an OVI/DUI in the state of Ohio, contact The Ohio DUI Guy at Quinn Legal Associates, INC (440) 516-3800 for a free case review to discuss all of the available options to fight your OVI charge. If you can’t come to us, we will come to you!

Binge drinking throughout the U. S. has reached an all-time record. Nevertheless, a new study from the investment firm Cowen & Company suggests that this kind of alcoholic behavior is actually declining in states that have made cannabis legal in the same manner as alcohol.

The Centers for Disease Control and Prevention (CDC) discovered that People in America drank over Seventeen billion alcohol-based drinks in 2015. Binge drinking by definition is where 5 or more alcoholic beverages for the average man, and 4 or more for the average woman are consumed within a period of about 2 hours. 37 million men and women participate in this type of activity one or more times per week, the report confirms.

Cowen the investment analysts firm published a information a couple years ago that offers a little hope for an America headed for cirrhosis of the liver outbreak. It would appear that excessive binge drinking may be on the decline in the states that have legalized cannabis. Particularly, it is those states like Washington and Colorado, some of the first jurisdictions in the U.S. to pass laws which allow marijuana recreational use, where binge drinking has become significantly less.

Most importantly is legalized cannabis use states, where men and women Twenty one and older can head into a dispensary and buy many different marijuana products, were likely to experience considerable less binge drinking than areas of where recreational marijuana use is still prohibited  Americans with lawful access to recreational cannabis tend to be choosing to shell out either all or some of the liquor spending budget on a substance which has been considered a much safer option.

In Ohio, as opposed to most States, you do not have the choice of which one of these three tests (blood, breath or urine) you will take. The officer gets to pick the test(s) he offers you. The only choice you get to make is to agree to submit to the test or refuse the test.

In the past, if a motorist declined to provide a sample of blood, breath or urine, the accused driver’s license would automatically be suspended for declining, however there'd be no alcohol test to use as evidence against the motorist. Now the rules have changed just last year, when the Ohio legislature passed a law stating, if an individual with prior DUI / OVI convictions will not submit to a blood, breath or urine test, “the police officer who made the request may make use of whatever reasonable means are necessary to make sure that the individual submits to the required test of the individuals blood.

The law permitting forced blood tests has been recently considered by an Ohio court of appeals in a case where the individual was arrested for DUI / OVI along with prior convictions. The arresting police officer requested that the accused submit to a breathalyzer test, but the defendant declined, therefore the police officer took the defendant to the hospital for blood to be drawn. the defendant stated over and over again they didn't want their blood drawn as well as physically resisted any attempt to perform the procedure. The police officer restrained the defendants arm while the healthcare professional implanted the needle and drew the defendants blood. The trial court ruled that this blood test will be admissible at trial, thus the defendant plead guilty to OVI / DUI. and appealed to the District Court of Appeals.

Upon appeal, the defendant contended that the law permitting forced blood draws is unconstitutional because a forced blood draw happens to be an unreasonable search and seizure. The Court of Appeals found that the intrusion on an individual’s Fourth Amendment interests is outweighed by the promotion of the government’s genuine interest in public safety. Thus, the court came to the conclusion, any forced blood draw with these kinds of circumstances is constitutional.

An Individual with prior DUI / OVI convictions that refuses a breath, urine or blood alcohol test will be in a losing situation: there are going to be longer Administrative License Suspension for declining the test, and also the results of the blood test will be admissible at trial.