Donovan Law:
DUI-DWI Law
How DUI/DWI Laws in Ohio and Kentucky Affect You.
Most people are familiar with the term "DUI" (driving under the
influence), but this offense may also be called driving while
intoxicated(DWI), operating under the influence (OUI), or operating a
motor vehicle while intoxicated (OMVI).
Here are some commonly asked questions:
Q. Under what circumstances can I be arrested and convicted of DUI?
A. If you are unable to operate a vehicle safely as a result
of being impaired by alcohol, illegal drugs, prescription medications
(e.g. painkillers) or over-the-counter medications (e.g.
antihistamines); or if you are operating a vehicle above the state's
set blood-alcohol concentration (BAC).
Q. What is a field sobriety test?
A. If you are stopped by a police officer and it is suspected
that you may be intoxicated, the police officer will conduct what are
know as "field sobriety" tests on you. These tests are designed to help
an officer determine whether or not you are intoxicated based on the
officer's assessment of your physical or cognitive ability. These
on-site tests typically include one or more of the following physical
agility exercises:
- Horizontal Gaze Nystagmus (HGN) - You must follow officer's penlight with your eyes.
- Walk and Turn - The officer will require you to walk a certain distance and turn around heel-to-toe.
- Standing on One Leg - The officer will require you to raise one leg while counting aloud.
- Finger to Nose - You will be required to bring your index finder to your nose with your eyes closed.
- Rhomberg Balance Test - You will be asked to stand still with your head tilted back.
Q. What is an implied consent law?
A. Both Kentucky and Ohio have "implied consent" laws that
require you to submit to some form of chemical test (whether it be a
breath, blood or urine test) to measure BAC if you are suspected of a
DUI. These implied consent laws are based on the logic that all drivers
give consent to DUI testing by driving on state roads and highways.
You should also know that the United States Supreme Court has held
that a police officer may require you to submit to a blood test
(without your consent or a warrant) so long as the police officer has
probable cause to believe that you are under the influence. In both
Ohio and Kentucky there are penalties for refusing to take some form of
BAC test. Both states will allow you to choose the type of test (blood,
alcohol or urine) you take. You should remember, though, that if you
refuse to submit to a BAC test and are ultimately convicted of a DUI,
your refusal to submit to the chemical test may further enhance any
penalties you may face.
Q. What does "Per Se Intoxication" mean?
A. If your BAC is at or above the state limit of .08%, you
will be deemed "per se intoxicated" and no additional proof of
impairment is needed to be convicted of a DUI. However, you should know
that you can still be arrested and convicted of a DUI without this
determination.
The National Highway Traffic Safety
Administration (NHTSA) has developed 20 signs to assist police officers
in detecting drunk drivers. These signs include weaving, speed more
than 10 miles below the legal limit, making wide turns, braking
erratically, and/or following another vehicle too closely.
Q.What criminal and driving privilege penalties am I facing for a DUI?
A. If you are convicted of a DUI, the criminal penalties are
discretionary, but may include fines, jail time, probation and
community service. The severity of the penalty depends on many
aggravating factors, such as:
- Whether or not you have had any prior DUI violations.
- Whether you had a child in the vehicle with you when you were stopped.
- Whether your DUI conviction involved a car accident that resulted in property damage or injury/death to another person.
Also, you should know that a DUI conviction affects your driving
privileges, and may include suspension of your license (usually by the
DMV), confiscation or impoundment of your car, administrative costs and
mandatory alcohol education and treatment programs. Additionally, if
you are convicted of a DUI in Ohio, you may be required to install an
"ignition interlock" device on your vehicle which measures you BAC
(based on breath) and prevents you from operating your car if more than
a minimum amount of alcohol is detected.
Q. How can I avoid a DUI?
A. Simply put, don't drink and drive. Use a designated
driver, walk, call a friend, or take a taxi. The only way to avoid a
DUI is to not drink and drive.
Q. What happens if I am pulled over and I am under the legal limit?
A. You may still be in trouble if your normal faculties are impaired. See an attorney to discuss your particular situation.
Return to Ohio DUI Lawyers