What is DUI?
The term DUI seems self explanatory but it can have dire consequences if you don’t know everything about the law. Let’s break the terms down:
Driving
In reality, this means “operating a motor vehicle.” In Ohio, the commonly used term for DUI is OVI (operating a vehicle under the influence). California still calls the charge DUI but it can include many vehicles other than a car or truck. Lawnmowers, bulldozers and other motorized vehicles are included. Of course, motorcycles are included. If you were not driving, you cannot be charged with DUI.
Under the Influence
If you are operating a motor vehicle while under the influence of drugs or alcohol, you can be charged with DUI. Your blood alcohol level must be above .08. To prove that you are under the influence, the officer may begin with a series of road side tests. The Horizontal Gaze Nystagmus is the most controversial of the tests. The officer examines your eyes to determine if they jerk at a certain angle. You may be asked to walk a straight line or say your ABCs backwards. The attorneys at Luftman, Heck and Associates are aware that these tests can be challenged successfully if the officer is inexperienced or does not follow standard operating procedure when administering the test. You may also be asked to take a blood or urine test to measure the amount of alcohol in your blood.
