Ohio's DUI Law

Changes Effective January 1, 2004

Dispelling the Myths

Recent Developments Impact Those Convicted of DUI

How to contact Avery H. Fromet

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The term "drunk" has no legal standing in Ohio's DUI law. The charging authority need only prove the your consumption of alcohol or drugs appreciably affected your physical and/or mental capabilities.

Implied in your right to drive in Ohio is the "implied consent law." This law states every person given the right to drive in Ohio agrees to take a breathalyzer when asked. There are severe penalties for refusing to take the test. There may be legitimate reasons for not taking the test, but you should be fully aware of the ramifications of your failure to take the test and compare that with the possible adverse outcome of the test. When in doubt consult an attorney.

This is absolutely untrue. You have a right to counsel. When and where your right to counsel begins during a stop and/or arrest for DUI depends upon the circumstances of the stop and/or arrest. Notwithstanding the circumstances, once you are placed under arrest, you have an immediate right to counsel.

While the police should read you your rights, you must keep your wits about you and specifically state you will not take any further tests or answer any questions without consulting an attorney. At that point, the police must stop all questioning or any testing, giving you reasonable time to contact an attorney. This right to counsel is not unlimited. The police have the right to go forward with a breathalyzer test after giving you reasonable time to contact and consult with counsel. Your refusal to take a test after being given a reasonable amount of time to call an attorney may be considered a refusal to take the test. (See Myth No. 2)

This is probably the biggest fallacy regarding Ohio's DUI law. To be found guilty of DUI, the state need only prove that the vehicle was capable of being driven. Convictions have occurred where vehicles were stopped, i.e. car on side of road, not moving; driver found in parking lot, motor stopped, "sleeping it off." You need not be driving your vehicle to be found guilty of DUI.

A "vehicle" is defined as any mode of transportation subject to movement. Convictions have been granted for driving a boat, snowmobile, and even a bicycle.

A conviction for DUI can have a devastating effect. Beside the penalties involved (See Ohio's DUI Law), a conviction can effect your insurance, employment, and credit. Under the new law, it can cause your vehicle to be confiscated and sold by the state and give you a felony record! Obviously, DUI is NOT a simple traffic offense. Advice of counsel should always be sought.

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