Tag Archives: BAC

New U.S. Supreme Court Case Says State Cannot Make It a Crime to Refuse a Warrantless Blood Test

July 10, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on New U.S. Supreme Court Case Says State Cannot Make It a Crime to Refuse a Warrantless Blood Test

The United States Supreme Court ruled recently on the constitutionality of laws criminalizing the refusal of breath and blood BAC tests.  Birchfield v. North Dakota, 579 U. S. ____ (2016). The Court found that states cannot make it a crime to refuse to submit to a warrantless blood test.  States can, however, make it a crime […]

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Are Speedy Trial Rights Violated When the State Files Per Se OVI Charges Upon Receipt of Urine Test Results?

January 29, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Are Speedy Trial Rights Violated When the State Files Per Se OVI Charges Upon Receipt of Urine Test Results?

One recent Ohio Court of Appeals (State v. Wieland, 2016-Ohio-261) asked this question:   Are the speedy trial rights of a defendant violated if the state files per se OVI charges (under R.C. 4511.19(A)(1)(e)) months after receiving the results of the defendant’s urine test? Unfortunately, the court found that the answer is no.  Speedy trial […]

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