Probable Cause to Arrest for an OVI (Operating a Vehicle While Impaired) Requires Indications/Observations of Impairment

Probable Cause to Arrest for an OVI (Operating a Vehicle While Impaired) Requires Indications/Observations of Impairment

Signs of drinking are insufficient to justify an arrest for an OVI (operating a vehicle while impaired) at a sobriety checkpoint, without also observing signs of impairment such as erratic driving or behavior.

Read More

Bloodshot Eyes, the Odor of Alcohol and an Admission to Drinking are Sufficient for Probable Cause - DUI News - 10/18/2016

Bloodshot Eyes, the Odor of Alcohol and an Admission to Drinking are Sufficient for Probable Cause - DUI News - 10/18/2016

The Fifth District Holds that, although bloodshot eyes and the odor of alcohol are not enough for reasonable suspicion to conduct field sobriety tests, if there is an admission to drinking there is probable cause to arrest regardless of field sobriety tests.

Read More

Fifth District Avoids Judicial Review of Police - DUI News - 9/29/2016

Fifth District Avoids Judicial Review of Police - DUI News - 9/29/2016

Fifth District substitutes its decision on a suppression motion for that of the trial court, reasoning that the trial court substituted its decision for the police officer, thus eliminating review of the the police officer's actions.

Read More

Shotgun Motions to Suppress Are a Real Thing in Cincinnati - DUI News - 7/26/2016

Shotgun Motions to Suppress Are a Real Thing in Cincinnati - DUI News - 7/26/2016

The 1st District relies on its legal theory of a "Shotgun Motion to Suppress," to reduce the state's burden to merely "general and slight" when showing substantial compliance with field sobriety tests.

Read More

DUI Appeals Reports 01/31/16

DUI Appeals Reports 01/31/16

The Sixth District holds that attacks to prior OVI convictions based on being uncounseled must be supported with some evidence, even if an affidavit, in the present case; and the Eleventh District holds that probable cause exists when a driver leaves the scene of an accident, gets his vehicle stuck in the mud, has beer cans in his truck, glassy, sleepy eyes, an odor of alcohol, seems confused, and refuses sobriety tests.

Read More

DUI Appeals Reports 12/2/15

DUI Appeals Reports 12/2/15

In three recent appellate court decisions, The 9th District rejected an ineffective assistance claim because it relied on evidence outside the record, the 11th District affirmed a motion to suppress when a trooper pulled over a car for a license plate light but failed to check it during the traffic stop, and the 10th District rejected a speedy trial appeal due to tolling and addressed attempts to introduce testimony about the statistical probability of BAC levels with field sobriety tests, without providing an expert.

Read More