How Allergies Mimic Impairment

Allergy Medications and Their Effects on Driving

Red Eyes and Field Sobriety Tests

Chemical Testing Considerations

Medical Documentation and Expert Testimony

Practical Steps During a Traffic Stop

• Calmly inform the officer of any relevant medical conditions or medications.
• Avoid making spontaneous admissions unrelated to the officer’s questions.
• Document medication usage and timing relative to the stop.
• Request legal representation immediately to safeguard rights and ensure accurate testing.

Seasonal Risks and Regional Awareness

The Role of Legal Representation

To learn more about this subject click here: DUI Trial: 5 Important Facts to Keep in Mind

The post Can Pollen, Red Eyes, or Allergy Medicine Lead to a Wrong DUI Arrest in South Carolina? appeared first on The Bateman Law Firm | Greenville DUI Defense Lawyer.

Understanding Your Employment Rights in South Carolina

• Family and Medical Leave Act (FMLA): Offers up to 12 weeks of unpaid leave if your absence qualifies as a serious health condition or required treatment.
• Employer Policies: Some companies offer personal or unpaid leave that can cover absences related to legal matters or health requirements.
• Union Contracts: Collective bargaining agreements may provide additional rights for absences or procedures for disciplinary action.

Employer Responses to a DUI Arrest

• Requesting documentation of absences, including court notices or treatment programs.
• Issuing formal warnings or placing you on probation.
• Mandating counseling, substance abuse programs, or monitoring.
• Termination, particularly for positions involving driving, operating machinery, or safety responsibilities.

Using Paid Leave and FMLA Strategically

• Clearly document all leave requests and approvals.
• Understand that South Carolina law does not mandate paid leave beyond contractual or policy provisions.
• Determine whether FMLA protections apply; DUI arrests themselves do not usually qualify unless tied to substance abuse treatment or health-related issues.

Communicating Effectively With Your Employer

• Notify your supervisor promptly with approximate return dates.
• Provide minimal but necessary documentation, such as court summons.
• Emphasize commitment to responsibilities while complying with legal obligations.

Workplace Reputation and Career Implications

• Reduced consideration for promotions or raises.
• Limitation from high-profile projects or assignments.
• Challenges obtaining references or recommendations.

Protecting Your Position During a DUI Case

• Minimizing court-related absences through scheduling guidance.
• Advising on leave documentation and communication with HR.
• Exploring plea agreements or alternative resolutions that preserve driving privileges, essential for driving-related employment.

Special Considerations for Safety-Sensitive Roles

• Immediate reporting requirements for certain roles.
• Temporary reassignment or leave while awaiting legal outcomes.
• Legal counsel to protect both employment rights and career trajectory.

Human Resources and Policy Compliance

• Requesting formal meetings to discuss absences professionally.
• Asking about available leave programs or employee assistance resources.
• Keeping detailed records of all communications regarding absences and DUI-related issues.

Employment Protections and Legal Guidance

• Employment contracts, union agreements, or company leave policies.
• FMLA applicability when absences relate to qualifying medical treatments.
• Advocacy for accommodations or mitigation based on responsible handling of the legal process.

Long-Term Career Management After a DUI

• Complying with all court requirements and treatment programs.
• Communicating responsibly with supervisors and HR.
• Participating in voluntary substance abuse programs, if applicable.
• Demonstrating consistent performance and accountability.

These steps help restore trust and limit the impact on career advancement.

To learn more about this subject click here: The Deportation Issue For DUI Charges Under The Trump Administration

The post What Happens to Your Job If You Miss Work After a South Carolina DUI Arrest? appeared first on The Bateman Law Firm | Greenville DUI Defense Lawyer.

When a police officer makes a traffic stop and ultimately arrests the driver, there are separate seizures of the person for purposes of the Fourth Amendment. Those seizures are the initial traffic stop, the continued detention of the driver, and the arrest. The Ohio Supreme Court recently issued a decision in a case involving the continued detention of the driver.

Initial Seizure
The right to be free from unreasonable searches and seizures is guaranteed by the Fourth Amendment to the United States Constitution. That right is also protected by Article I, Section 14 of the Ohio Constitution. Accordingly, searches and seizures must be conducted pursuant to a warrant or one of the narrowly-drawn exceptions to the warrant requirement. The term ‘seizure’ applies to the seizure of property and the seizure of a person.

A traffic stop is a seizure. For a traffic stop, a warrant is not necessary if the officer has probable cause to believe a traffic violation has occurred or is occurring. A warrant is also unnecessary for a traffic stop if the officer’s observations reasonably lead the officer to suspect the driver’s behavior is a violation of the law.

Continued Seizure
After a valid traffic stop occurs, if the officer continues to detain the driver for an investigation unrelated to the initial stop, the continued detention must be separately justified. The continued detention is generally justified if the officer has a reasonable suspicion of criminal activity.

But what happens when the officer learns he was wrong about the reason for the traffic stop but continues the detention to investigate the driver? That question was answered in the recent case of State v. Fips.

Continued Seizure After Erroneous Stop
In Fips, two officers stopped the defendant’s vehicle for an inoperative headlight. The first officer talked with the driver and told him to “hang tight” while the officer checked his license. The second officer observed the headlight was actually working. The second officer informed the first officer the headlight was actually working. The second officer then seemed unsure about that.

The first officer ran the driver’s license and learned the driver had a suspended license and an arrest warrant. The first officer arrested the driver, searched the vehicle, and found crack cocaine. The driver was convicted for Drug Possession and ultimately appealed his conviction to the Ohio Supreme Court. The driver argued the continued detention for the officer to run the driver’s license was unconstitutional after the officer learned the headlight was not inoperable.

Ohio Supreme Court Decides the Issue
The Ohio Supreme Court concluded the continued detention was lawful. The Court cited the case of Rodriguez v. United States for the proposition that, after a valid traffic stop, an officer is entitled to complete the mission of the traffic stop, including checking the driver’s license. The Ohio Supreme Court opined that, in this case, the officer was justified in checking the driver’s license, even though the justification for the initial stop has been dispelled.

The Court’s application of Rodriguez seems a bit misplaced. At the time of the continued detention in Rodriguez, the justification for the initial stop was still valid. At the time of the continued detention in Fips, the justification for the initial stop was not still valid. It seems that, once the officer learned the initial stop was erroneous, the officer had no justification to further detain the driver for the purpose of checking the driver’ license.

How State v. Fips Applies to OVI Cases
Most DUI cases (called ‘OVI’ in Ohio) begin with a traffic stop. During the traffic stop, an officer may further detain the driver if the officer observes evidence which leads the officer to suspect the driver is under the influence. But what if the officer learns he was mistaken about the reason for the initial stop before obtaining the evidence of OVI? Based on the decision in Fips, it seems the Ohio Supreme Court may conclude the officer can continue with an OVI investigation despite learning the initial stop was erroneous.

About the Author: Shawn Dominy is a leading DUI/OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. The Dominy Law Firm is recognized in Best Law Firms In America® for DUI defense and criminal defense and holds an A+ rating with the Better Business Bureau.

Shawn Dominy is the past President of the Ohio Association of Criminal Defense Lawyers, the state delegate to the National College for DUI Defense and a founding member of the national DUI Defense Lawyers Association. He is rated “AV Preeminent” by Martindale Hubbel®, was named by SuperLawyers® as one of the top 50 lawyers in Columbus, Ohio, and is recognized in Best Lawyers In America®for DUI defense and criminal defense.

Shawn Dominy authored the Ohio DUI/OVI Guide, the Ohio Vehicular Homicide Guide, and the Ohio Vehicular Assault Guide. He also wrote a chapter of Defending DUI Vehicular Homicide Cases (2012, West/Aspatore) and contributed a section of Drunk Driving Defense, 9th Edition (2021, Walters Kluwer). His magazine articles have been featured in state and national publications, and he is a frequent speaker at seminars in which he teaches other lawyers about DUI/OVI, serious vehicular crimes, and trial skills.

Shawn Dominy can be reached through his law firm’s website: Dominy Law Firm.

The post Ohio Supreme Court: Continued Detention of Driver was Constitutional appeared first on DUI News Blog.

While this happened in Georgia, the same type of situation can happen in South Carolina.

If you are stopped and accused of DUI, you might assume the officer has clear proof. In many cases, the arrest is based on subjective observations, not scientific evidence.

How DUI Arrests Happen Without Proof

Most DUI cases begin with a traffic stop. An officer may claim they noticed:

• Swerving or unusual driving
• Bloodshot or watery eyes
• Slurred speech
• The smell of alcohol

You may then be asked to perform field sobriety tests. These include walking in a straight line, standing on one leg, or following an object with your eyes.

These tests are not always reliable.

A sober person can fail for many reasons:

• Nerves during the stop
• Fatigue
• Medical conditions
• Poor balance
• Uneven road surfaces

In one study, nearly half of sober participants were incorrectly labeled as impaired. That shows how easily mistakes can happen.

Breath Tests, Blood Tests, and DUI Charges

South Carolina law sets the legal limit at 0.08 percent BAC under S.C. Code § 56-5-2930.

If you blow under the limit or register 0.00, officers may still suspect drug impairment.

Unlike alcohol, drug impairment is harder to measure. Officers may rely on:

• Observations
• Field sobriety performance
• Drug recognition evaluations

Blood testing is often required to confirm drug use. In cases like the Georgia investigation, those tests came back completely clean.

When there is no chemical evidence, the case becomes much weaker.

Why These Arrests Are a Serious Problem

Even if charges are dismissed later, a DUI arrest can have immediate consequences:

• Spending a night in jail
• License suspension
• Court appearances
• Legal fees
• Damage to your reputation

Many people expect the system to correct mistakes quickly. That is not always how it works.

You may need to actively defend yourself to clear your name.

Your Rights After a DUI Arrest in South Carolina

If you are charged with DUI, you have important legal rights.

You Can Challenge the Traffic Stop

The officer must have a valid reason to pull you over. If not, the case may be challenged.

You Can Question Field Sobriety Tests

These tests are subjective. Your attorney can challenge how they were conducted.

You Can Request Independent Testing

You have the right to request your own test. Learn more here:
https://duigreenville.com/independent-testing-dui-case/

You Have the Right to a Lawyer

A DUI attorney can review the evidence and identify weaknesses in the case.

Related Videos

How a DUI Defense Lawyer Fights Weak Cases

When there is little or no scientific evidence, your defense becomes critical.

A DUI lawyer may:

• Review bodycam and dashcam footage
• Look for inconsistencies in the officer’s report
• Challenge improper testing procedures
• Question the reliability of field sobriety results
• Highlight the lack of chemical evidence

If blood or breath tests show no impairment, the defense can argue the arrest lacked probable cause.

You can learn more about DUI defense strategies here:
https://duigreenville.com/build-compelling-dui-defense-greenville-sc/

Field Sobriety Tests Are Not Designed for Drug Detection

Field sobriety tests were created to detect alcohol impairment. They were not designed to identify drugs or medical conditions.

This creates a major problem.

A person can appear impaired without being under the influence. That leads to false arrests based on assumptions instead of proof.

Scientific testing provides more reliable evidence. When those results do not support the arrest, the case may not hold up in court.

What To Do If You Were Arrested but Sober

If you were charged with DUI and know you were not impaired, take action right away.

• Write down everything you remember about the stop
• Save all paperwork
• Request a license hearing quickly
• Contact a DUI defense lawyer immediately

Do not wait for the system to fix the mistake. You need to protect yourself early.

DUI Charges in Greenville and Upstate South Carolina

In Greenville, Spartanburg, and surrounding areas, DUI charges are taken seriously. Even a first offense can lead to:

• Fines
• License suspension
• Mandatory programs
• Possible jail time

When the evidence is weak, a strong legal defense can lead to reduced charges or dismissal.

Speak With a DUI Defense Lawyer Today

Protect Your Future After a DUI Arrest

Being arrested for DUI when you were sober is frustrating and overwhelming. These cases show that mistakes happen, and they can affect your life in serious ways.

The Bateman Law Firm focuses on DUI defense throughout Greenville and Upstate South Carolina. With experience as a former prosecutor, Attorney John C. Bateman understands how DUI cases are built and how to challenge them.

You deserve a defense that examines every detail and fights for your rights.

Call today for a free consultation and get clear answers about your situation.

The post DUI Arrests Without Evidence: What South Carolina Drivers Need to Know appeared first on The Bateman Law Firm | Greenville DUI Defense Lawyer.

Administrative Considerations: License and DMV Matters

Understanding the Legal Process in Greenville Courts

Chemical Testing and Evidence Considerations

Post-Arrest Actions and Court Preparation

Potential Penalties and Long-Term Consequences

Holiday DUI Enforcement in Greenville

Protecting Your Rights and Building Your Defense

Practical Steps While Awaiting Court Dates

Why Early Legal Guidance Makes a Difference

To learn more about this subject click here: https://duigreenville.com/dui-defense-knowing-rights-next-step/

The post Charged With a DUI Around Easter Weekend in Greenville? What Happens in the Days After Arrest appeared first on The Bateman Law Firm | Greenville DUI Defense Lawyer.

Understanding DUI Laws in South Carolina

Immediate Consequences of a DUI Arrest

• License suspension ranging from several months to a year
• Mandatory DUI school or substance abuse evaluation
• Fines, court costs, and potential community service requirements
• Jail time, particularly if aggravating factors such as accidents or repeat offenses are involved

License Suspension and Administrative Penalties

Impact on College Students and Academic Consequences

Testing and Chemical Evidence

Defenses to DUI Charges

• Lack of probable cause for the initial traffic stop
• Challenging the accuracy or administration of field sobriety and chemical tests
• Demonstrating that BAC readings do not reflect actual impairment
• Identifying procedural or evidentiary errors during arrest or processing

Parental Guidance and Family Considerations

• Contacting a Greenville DUI lawyer as soon as possible
• Understanding administrative and legal ramifications
• Ensuring the student complies with court requirements and mandatory programs
• Coordinating with college authorities when appropriate to avoid further disciplinary action

Long-Term Consequences of a DUI Arrest

Why Immediate Legal Representation Matters

• Timely filing of motions and administrative appeals
• Strategic negotiation of plea agreements or alternative sentencing
• Protection of driving privileges and long-term record considerations
• Guidance through complex legal procedures to reduce stress and uncertainty

Resources and Additional Guidance

• First offense DUI guidance: https://duigreenville.com/first-offense-dui-south-carolina/
• Understanding student rights during testing: https://duigreenville.com/sc-driver-rights-drunk-driving-checkpoints/
• Common DUI defenses: https://duigreenville.com/defenses-to-a-dui-charge/
• Steps to take after an arrest: https://duigreenville.com/after-dui-arrest-in-greenville-sc/

The post Spring Break DUI Arrest in South Carolina: What College Students and Parents Need to Know appeared first on The Bateman Law Firm | Greenville DUI Defense Lawyer.

Whether it is too much pressure from their superiors to make arrests, or insufficient training, apparent wrongful DUI arrests are continuing in Tennessee and across the country. This situation has been reported in this forum, and continues to be reported in Tennessee.¹  Fortunately, a video recording of the alleged reasonable suspicion or probable cause that is legally necessary to stop a vehicle to investigate is helpful to the arresting officer, the driver suspected of driving under the influence of an intoxicant, and sometimes, both.

The accusations of an unjustified or illegal arrest only highlight the great difficulty an officer has in determining whether the driver has simply made a driving error, was distracted, was sleepy, or has actually impaired their central nervous system by ingesting or otherwise introducing an intoxicant into their body. Of the thousands of defendants that I have successfully represented, I can report, without hesitation, that there have been only a handful of officers who were either totally incompetent or who intentionally arrested a driver for this very serious crime.

Most officers attempt to follow the complicated protocol established by the National Highway Traffic Safety Administration to determine whether or not an arrest for DUI/DWI/OUI is justified. One of the problems is that the protocol itself is flawed. It attempts to generalize certain behaviors to determine whether a suspect is safe to drive. Unfortunately, not all of us are able to successfully perform or exhibit the requested behaviors/symptoms to the officer’s satisfaction—even when sober.

Law-enforcement agencies and other “watchdog” groups justify the arrests that are unsupported by the chemical tests by claiming that it is better to falsely arrest someone than to take a chance on killing an innocent party. While their logic is understandable, it does not make it correct.

Once arrested for DUI, it is almost impossible to clear one’s name. And, that does not even count for the trauma of being handcuffed, transported to jail, and spending the night in a dirty, uncomfortable jail cell. Once out of jail, there is the expense of posting bail; legal representation and investigation; the anxiety of waiting months for the results of the chemical (blood, breath, and/or urine) tests; the time missed from work to go to court; the embarrassment of having others believe in one’s guilt; the increased financial expenses such as health and other insurance; explaining the situation to one’s family and children; and the list goes on.

Even after the case is dismissed, assuming that the applicable law allows for expungement (erasure from public record), it is never truly expunged. Law-enforcement agencies will always have a record of the arrest and subsequent dismissal, making it more likely that one would be arrested in the future. Furthermore, due to the omnipresent Internet, private companies that sell information to potential employers and other consumers do not expend much effort to erase reports of a charge that was subsequently dismissed—unless of course, they can make money doing so. Then, there are the scams that these companies implement by accepting a fee to erase the innocent driver’s arrest record from one website, only to publish it on a sister website with the hope of again being paid to erase it from the second website.

So, what is the answer to keep us safe on the roadways?  Better training is necessary to assist officers in using the current protocol to determine if a driver is under the influence; a new protocol should be developed to better allow for the variations in our physical differences and capabilities; and implementing technology to perform accurate roadside chemical tests.

1. See e.g., https://www.wvlt.tv/2026/04/15/knox-county-deputy-mistook-lysol-smell-alcohol-prompting-sober-dui-arrest-lawsuit-says/, (last visited Apr. 20, 2026).
   
   About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants. Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the National College for DUI Defense, Inc. (NCDD). Among the many honors bestowed upon him, Steve has served as Dean of the NCDD and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee.
   
   Steve is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor (1942 – 2023) of the national treatise, Drunk Driving Defense, 9^th edition (Wolters Kluwer/Aspen).  Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions. 
   
   He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and 12 foreign countries.  After being named a Fulbright Scholar, Steve was honored to teach as a Visiting Professor at the University of Latvia Faculty of Law (Law School) in the capital city of Riga, Latvia for a semester during 2019.  In 2023, Steve accepted an offer to teach for a semester as a Visiting Professor at Eötvös Loránd University Faculty of Law in Budapest, Hungary. Steve was designated a Fulbright Scholar for a second time and taught American Criminal Law and American Trial Advocacy at The University of Ljubljana Faculty of Law in the capital city of Ljubljana, Slovenia for the 2024 spring semester. Since then, Steve taught American Trial Advocacy to Masters Students in Criminal and Criminal Procedure Law for the Winter Semester in 2025 at the Universidad Carlos III de Madrid Faculty of Law in Madrid, Spain and at The University of Gdańsk Faculty of Law in Poland during the winter semester of 2026. If you would like to contact the author, please visit his website at www.tndui.com. ︎

The post Wrongful DUI Arrests Continue appeared first on DUI News Blog.

Observing Vehicle Operation and Driver Behavior

Initial Questions and On-Site Evaluation

Field Sobriety Tests and Their Significance

Chemical Testing and Implied Consent

Documentation and Evidence Collection

Common Missteps That Can Impact Your Case

Strategies for Protecting Your Rights

Springtime Driving Considerations in South Carolina

Legal Support and Defense Planning

• Assessing probable cause and officer documentation
• Reviewing field sobriety test administration and accuracy
• Challenging chemical testing procedures and results
• Evaluating environmental and traffic conditions at the time of the stop

To learn more about this subject click here: Not All DUI Charges Are Misdemeanors. Here’s How a DUI Can Become a Felony

The post Stopped for DUI on a Warm Spring Evening? How Officers Build a Case From the First Question appeared first on The Bateman Law Firm | Greenville DUI Defense Lawyer.

Heightened Enforcement Across the State

• Strategic DUI checkpoints along major roads and intersections
• Saturation patrols in areas known for nightlife or large gatherings
• Coordinated efforts between local police, county sheriff departments, and the South Carolina Highway Patrol

Why April Sees an Enforcement Spike

Drivers’ Common Misconceptions

1. Checkpoint Expectations – Sobriety checkpoints are legal in South Carolina, but drivers often misunderstand the process. Officers may briefly stop vehicles to assess impairment. Refusing a test can lead to penalties under implied consent laws. For guidance on legal rights at checkpoints, visit https://duigreenville.com/sc-driver-rights-drunk-driving-checkpoints/.
2. Field Sobriety and Breath Testing – Officers may request field sobriety tests or breath samples. Failing these tests can result in immediate arrest and license suspension. The Bateman Law Firm can explain what to expect and how to respond appropriately. More details on testing protocols are available at https://duigreenville.com/south-carolina-testing-hemp-marijuana/.
3. Consequences for Violations – Even first-time DUI offenses can result in fines, license suspensions, and court-mandated programs. Understanding South Carolina DUI laws and local procedures is essential to avoid compounding penalties. Clients can learn more about first-offense consequences at https://duigreenville.com/first-offense-dui-south-carolina/.
4. Recorded Evidence – Police frequently record traffic stops and tests, and these videos are often central to prosecution. Understanding how such evidence is used in court and how to challenge it is crucial. Learn more about rights related to police recordings at https://duigreenville.com/use-of-police-videos-in-dui-cases-stir-a-debate/.
5. Unexpected Patrol Patterns – April enforcement often involves cross-county coordination, meaning drivers may encounter patrols on familiar routes where they previously felt safe. Awareness of this increased presence is critical.

Immediate Steps if Stopped for DUI

• Remain calm and respectful during all interactions with officers.
• Understand your rights: You can decline to answer questions beyond basic identification.
• Comply with legally mandated tests, as refusal carries legal consequences.
• Contact an experienced DUI attorney from The Bateman Law Firm immediately. Early representation can prevent escalated penalties and protect your driving record. Guidance on post-arrest actions is available at https://duigreenville.com/after-dui-arrest-in-greenville-sc/.

The Role of The Bateman Law Firm

• Evaluating evidence and identifying procedural errors
• Advising clients on plea negotiations or alternative sentencing
• Representing CDL drivers and boating DUI cases
• Protecting rights during field testing and legal proceedings

Practical Advice for Avoiding DUIs

• Monitor alcohol consumption during April and post-tax season celebrations.
• Arrange safe transportation through rideshares or designated drivers.
• Stay informed about local checkpoint locations and enforcement schedules.
• Maintain necessary documentation during stops, such as prescriptions or medical cards.
• Seek immediate legal counsel if you are cited or arrested.

Why Legal Assistance Is Crucial

To learn more about this subject click here: Not All DUI Charges Are Misdemeanors. Here’s How a DUI Can Become a Felony

The post April DUI Enforcement in South Carolina: What Drivers Don’t Expect After Tax Season appeared first on The Bateman Law Firm | Greenville DUI Defense Lawyer.

Spring Driving Risks in Greenville

Daytime vs. Nighttime Enforcement

Why Daytime DUI Stops Occur

Understanding the Legal Process in Greenville

Potential Penalties for Daytime DUI Arrests

How an Experienced DUI Lawyer Can Help

Preventing Daytime DUI Arrests

Spring-Specific Considerations

Daytime DUI Defense Strategies

The Role of Evidence and Documentation

To learn more about this subject click here: What To Do When You’re Charged With DUI & How To Avoid A Conviction

The post Charged With a DUI After a Daytime Stop? Why Spring DUI Arrests Are Not Just at Night appeared first on The Bateman Law Firm | Greenville DUI Defense Lawyer.

Why Spring Sees Higher DUI Rates in Greenville

Impact of Seasonal Traffic and Events

Enhanced Law Enforcement and Checkpoints

Common Penalties for DUI Offenses in Spring

• Suspension or revocation of driving privileges under Implied Consent regulations.
• Mandatory alcohol education or treatment programs.
• Fines, court fees, and potential jail time, depending on severity and prior history.
• Increased insurance premiums and long-term implications on driving records.

Strategies for Protecting Your Rights During a Spring DUI

• Evaluating the legality of traffic stops and checkpoints, including proper procedure and notification.
• Reviewing the accuracy and administration of field sobriety and chemical tests.
• Pursuing independent testing and examining evidence through discovery.
• Understanding court procedures, deadlines, and potential plea options.

Why The Bateman Law Firm Is an Advantage

• Early case assessment and guidance to prevent mistakes that could worsen outcomes.
• Comprehensive review of all evidence, including police reports, breathalyzer results, and video footage.
• Personalized defense strategies to address first-time or repeat offenses.
• Experienced negotiation and representation in court to protect driving privileges and reduce penalties.

Proactive Measures to Reduce DUI Risk

• Plan safe transportation options, including rideshare, designated drivers, or public transit, especially during holidays and events.
• Limit alcohol consumption if you know you will be driving.
• Be aware of checkpoints and increased patrols to avoid inadvertent violations.

Understanding Springtime Challenges for DUI Defense

To learn more about this subject click here: What Happens When the Police Stop You for DUI?

The post Why Spring Is One of the Worst Times to Face a DUI Charge in Greenville, SC appeared first on The Bateman Law Firm | Greenville DUI Defense Lawyer.

In Ohio’s Lakota Local School District, there were two crashes involving students walking to and from school. One of the students, Aspen Runnels, died after being hit in a crosswalk in 2024. In response, two Ohio House Representatives introduced HB 203, titled ‘Aspen Runnels Law’. The Bill proposes to increase penalties for vehicular manslaughter and vehicular assault when a death or serious physical harm is the proximate result of speeding or committing a minor misdemeanor traffic offense in an active school zone.

Proposed Changes to Vehicular Manslaughter in Ohio
Vehicular Manslaughter is defined by Ohio Revised Code section 2903.06(A)(4). That statute currently prohibits causing the death of another person as a proximate result of committing a minor misdemeanor traffic violation. Vehicular Manslaughter is currently a second-degree misdemeanor and is punishable by a jail term of up to 90 days, a fine of up to $750, probation for up to five years, and a mandatory driver’s license suspension of three months to two years.

House Bill 203 proposes to add two additional ways a person can commit Vehicular Manslaughter: speeding or committing a minor misdemeanor traffic violation within an active school zone. A school zone is active when school zone speed limit signs are erected and children are arriving/leaving or are at recess.

This type of Vehicular Manslaughter would be a fourth-degree felony punishable by a prison term of up to 18 months, a fine of up to $5,000, probation for up to five years, and a mandatory driver’s license suspension of two years to ten years. In addition, a defendant would be required to complete a remedial driving course before reinstating their driver’s license.

Proposed Changes to Vehicular Assault in Ohio
Vehicular Assault is defined by Ohio Revised Code section 2903.08 and may be categorized as a felony or misdemeanor. The misdemeanor version is committed when a person causes serious physical harm to another person as a proximate result of committing a speeding offense in a construction zone. This type of Vehicular Assault is a first-degree misdemeanor punishable by a mandatory jail term of seven days to 180 days, a fine of up to $1,000, probation for up to five years, and a mandatory driver’s license suspension of one year to five years.

House Bill 203 proposed to add two additional ways a person can commit Vehicular Assault: speeding or committing a minor misdemeanor traffic violation within an active school zone. This type of Vehicular Assault would be a fifth-degree felony punishable by a prison term of up to 12 months, a fine of up to $2,500, probation for up to five years, and a mandatory driver’ license suspension of one year to five years. In addition, a defendant would be required to complete a remedial driving course before reinstating their driver’s license.

The Status of House Bill 203
The Bill passed in the Ohio House of Representatives on March 25, 2026. It has been introduced in the Ohio Senate and will soon be the subject of testimony in the Senate Judiciary Committee.

About the Author: Shawn Dominy is a leading DUI/OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. The Dominy Law Firm is recognized in Best Law Firms In America® for DUI defense and criminal defense and holds an A+ rating with the Better Business Bureau.

Shawn Dominy is the past President of the Ohio Association of Criminal Defense Lawyers, the state delegate to the National College for DUI Defense and a founding member of the national DUI Defense Lawyers Association. He is rated “AV Preeminent” by Martindale Hubbel®, was named by SuperLawyers® as one of the top 50 lawyers in Columbus, Ohio, and is recognized in Best Lawyers In America®for DUI defense and criminal defense.

Shawn Dominy authored the Ohio DUI/OVI Guide, the Ohio Vehicular Homicide Guide, and the Ohio Vehicular Assault Guide. He also wrote a chapter of Defending DUI Vehicular Homicide Cases (2012, West/Aspatore) and contributed a section of Drunk Driving Defense, 9th Edition (2021, Walters Kluwer). His magazine articles have been featured in state and national publications, and he is a frequent speaker at seminars in which he teaches other lawyers about DUI/OVI, serious vehicular crimes, and trial skills.

Shawn Dominy can be reached through his law firm’s website: Dominy Law Firm.

The post House Bill 203 Passes in Ohio House of Representatives appeared first on DUI News Blog.

Preparing Future Criminal Justice Professionals in Spartanburg

Students at Spartanburg Community College had the opportunity to hear directly from an experienced DUI defense attorney. John Bateman shared practical knowledge about how DUI cases are handled in courts throughout Spartanburg, Greenville, and surrounding counties.

This presentation offered something many classrooms cannot provide. It showed students how legal theory applies in real cases. They were able to see how defense attorneys analyze evidence, identify weaknesses, and protect the rights of individuals facing serious charges.

For students planning careers in law enforcement or legal practice, this type of exposure is invaluable.

The Path to Becoming a DUI Defense Attorney

A major part of the discussion focused on how to become an attorney in South Carolina. Students learned what it takes to move from college into a courtroom career.

The process includes:

• Completing an undergraduate degree
• Attending law school
• Passing the South Carolina Bar Exam
• Gaining hands-on legal experience
• Developing a focus such as DUI defense

John Bateman also explained how his experience as a former prosecutor shapes his defense strategy today. That background allows him to understand how cases are built by the State and where they can be challenged.

Students gained a realistic view of the commitment required and the skills needed to succeed in the legal field.

Understanding DUI Charges in South Carolina

Students were introduced to how DUI charges work under South Carolina law. A person can be charged if alcohol or drugs impair their ability to drive to a material and appreciable degree.

The presentation broke down how a typical DUI case begins and what evidence is used.

Key elements include:

• The initial traffic stop
• Officer observations
• Field sobriety tests
• Breath or blood testing
• Video evidence

Each of these areas can be questioned in court. A DUI case is not automatic. It must be proven, and every step must follow the law.

DUI Trial Strategy Explained

One of the most valuable parts of the presentation focused on DUI defense strategy. Students learned how attorneys approach these cases in court.

Challenging the Traffic Stop

If there was no valid reason to pull someone over, the case may be dismissed.

Examining Field Sobriety Tests

These tests are not always reliable. Medical conditions, weather, and other factors can affect performance.

Reviewing Video Evidence

South Carolina law requires proper video recording in many DUI cases. Missing or unclear footage can weaken the prosecution.

Questioning Breath Test Results

Breath testing devices must be properly maintained and used correctly. Errors can impact results.

Cross-Examining Officers

Attorneys look for inconsistencies in reports and testimony that may raise doubt.

Students saw that DUI defense involves careful analysis, not assumptions. Every detail matters.

Why DUI Defense Matters in Spartanburg and the Upstate

DUI charges in South Carolina carry serious penalties, even for a first offense.

These can include:

• License suspension
• Fines and court costs
• Mandatory programs
• Possible jail time

In Spartanburg and throughout the Upstate, DUI enforcement remains active. Traffic stops and checkpoints are common.

A DUI conviction can affect your job, your driving privileges, and your future. That is why strong legal defense is critical.

Real-World Insight for Future Careers

This presentation was valuable for both future attorneys and law enforcement professionals.

For students entering law enforcement, understanding how DUI cases are challenged helps them build stronger cases that hold up in court.

For future attorneys, it provided a clear look at courtroom strategy and client defense.

Education like this strengthens the entire criminal justice system by preparing students for real situations they will face in their careers.

Ongoing Education and Community Involvement

John Bateman regularly speaks at colleges across South Carolina. His goal is to give students practical insight into the legal system and DUI defense.

Topics often include:

• DUI laws and defense strategies
• Constitutional rights
• Courtroom procedures
• Legal careers

These speaking engagements reflect a commitment to education and to supporting the next generation of criminal justice professionals.

Charged With DUI in Spartanburg? Take Action Now

If you are facing a DUI charge in Spartanburg or anywhere in Upstate South Carolina, what you do next is critical.

The Bateman Law Firm focuses exclusively on DUI defense and understands how these cases are handled in local courts. With experience as a former prosecutor, John Bateman knows how to challenge the State’s case and protect your rights.

You have options, and you do not have to face this alone.

Contact The Bateman Law Firm today for a free consultation. Get clear answers and take the first step toward protecting your future.

The post Spartanburg DUI Lawyer Speaks to Criminal Justice Students at SCC appeared first on The Bateman Law Firm | Greenville DUI Defense Lawyer.

Most people are unaware of the Impaired Driving Prevention Technology Provision in the Federal Infrastructure Investment and Jobs Act signed into law by President Joe Biden on November 15, 2021. This law requires a national safety standard for smart technology in new vehicles that would theoretically eliminate or at least, significantly decrease incidents of impaired driving. At the time this legislation was enacted, United States Transportation Secretary Pete Buttigieg estimated that the legislation would save 1,000 deaths and 25,000 in injuries caused by drunk driving each month. This does not include the cost of $58 billion per year to the U.S. economy.[1]

(A) monitors a driver’s performance to identify impairment of a driver;

(B) a system which passively detects a blood alcohol level equal to and exceeding .08 blood alcohol content; or

(C) a similar system which detects impairment and prevents or limits vehicle operation[3]

Practically speaking, this “passive” technology may include ignition analog devices (breath sensors that measure blood alcohol concentration before allowing the vehicle to start), but may also be very different from ignition interlock devices. For instance, these devices could prevent a vehicle from operating once the vehicle decides the driver is impaired. The technology could include options such as air monitors to sample the vehicle cabin air for traces of alcohol; skin sensors to measure the driver’s blood alcohol level when the steering wheel is touched by the driver; and even software and cameras to monitor and detect signs of impairment in vehicle movement. Some systems employ a driver facing camera to analyze the driver’s eye or head movements to determine if the driver can operate the vehicle safely.

Related to the “Halt Drunk Driving Act” is The Driver Alcohol Detection System for Safety (DADSS) Program that began in 2008. It is aimed at developing breath systems, touch systems, and other technology that can passively detect a driver’s blood alcohol concentration (BAC) and prevent the vehicle from moving if the BAC is at or above the legal limit. The DADSS Research Program is a partnership involving the Automotive Coalition for Traffic Safety (ACTS) and the National Highway Traffic Safety Administration (NHTSA).

            Opponents of this law cite concerns about vehicle and driver information being shared with third parties, unreliable technology, cybersecurity, increased vehicle costs, and dealing with false positives. For instance, a driver could swerve to avoid a deer on a rural road, only to then have their vehicle disabled.[4] Once the driver is locked out, or their car disabled, the law neglects to provide how vehicle can be reactivated. This is a major oversight. No breath test is readily available, nor can an officer reset the lockout. Without human intervention, the computer sits as judge and jury with no way to quickly resume one’s travel.

There is no question that driving under the influence of alcohol and other drugs need to be further curbed. However, as with all technology, society must be extremely cautious not to allow computers to control our lives.

[1] See https://madd.org/press-release/10-things-to-know-about-the-drunk-driving-prevention-technology-provision-in-the-infrastructure-bill/ (last visited Feb. 27, 2026).

[2] H.R.2138 in the 117^th Congress (2021).

[3] H.R.2138 in the 117^th Congress (2021).

[4] See https://apnews.com/article/federal-law-impairment-detection-car-dui-062d40e885a0e32c6cad0ba70163aef8 (last visited Feb. 27, 2026); https://www.cbtnews.com/government-kill-switch-in-your-next-car/ (last visited Feb. 27, 2026).

About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants. Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the National College for DUI Defense, Inc. (NCDD). Among the many honors bestowed upon him, Steve has served as Dean of the NCDD and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee.

He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor (1942 – 2023) of the national treatise, Drunk Driving Defense, 9^th edition (Wolters Kluwer/Aspen). Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions. He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and 10 foreign countries. After being named a Fulbright Scholar, Steve was honored to teach as a Visiting Professor at the University of Latvia Faculty of Law (Law School) in the capital city of Riga, Latvia for a semester during 2019. In 2023, Steve accepted an offer to teach for a semester as a Visiting Professor at Eötvös Loránd University Faculty of Law in Budapest, Hungary. Steve was designated a Fulbright Scholar for a second time and taught American Criminal Law and American Trial Advocacy at The University of Ljubljana Faculty of Law in the capital city of Ljubljana, Slovenia for the 2024 spring semester. Since then, Steve taught American Trial Advocacy to Masters Students in Criminal and Criminal Procedure Law for the Winter Semester in 2025 at the Universidad Carlos III de Madrid Faculty of Law in Madrid, Spain and at The University of Gdańsk Faculty of Law in Poland during the winter semester of 2026. If you would like to contact the author, please visit his website at www.tndui.com.

The post Should Computers Decide If You Are Driving While Impaired? appeared first on DUI News Blog.

An Ohio woman drove to the sheriff’s office about a personal matter but reportedly ended-up being arrested for OVI while she was there. Six days later, the same woman was stopped for disobeying a traffic control device and ultimately charged with a second OVI. Within four hours of being released for the second OVI, she was stopped again. This time she was charged with OVI and driving under suspension. What sentence is she now facing?

Ohio OVI Sentences
Ohio has mandatory minimum sentences for OVIs. For a first offense, there are three parts to the mandatory sentence. The first part is a fine, which is a minimum of $565 and a maximum of $1,075. The second part is a license suspension, which is a minimum of one year and a maximum of three years. The third part is a jail term, which is a minimum of three days and a maximum of six months. For the jail term, a judge can allow the defendant to attend a three-day driver intervention program instead of three days in jail. In addition to the mandatory parts of the sentence, a judge has the option of imposing additional sanctions such as probation (aka ‘community control’), substance abuse counseling, restricted (yellow) license plates, and an ignition interlock device.

Ohio’s mandatory OVI sentence increases with subsequent OVI convictions within ten years. For a second offense, the sentence includes a jail term of ten days to six months and a license suspension of one year to seven years. For a third offense, the jail term is 30 days to one year, and the license suspension is two years to 12 years. For a second or third offense, substance abuse counseling is mandatory, as are the restricted (yellow) plates and the ignition interlock device. In addition, the vehicle driven at the time of the offense is subject to immobilization or forfeiture.

What Sentence is this Ohio Woman Facing?
Interestingly, this Ohio woman is not facing the mandatory penalties of a third offense. In all three cases, the OVI charge will be treated as a first offense. That is because the possible penalties in Ohio Revised Code section 4511.19(G) are determined by the number of prior convictions within ten years. At the time she was arrested for the second and third OVIs, she had prior charges of OVI but did not have prior convictions for OVI. Therefore, she is facing three first-offense OVIs.

Although each OVI will be treated as a first offense, it is unlikely the judge will impose the minimum sentence in each case. The judge will take into consideration the fact the three OVIs occurred within a week and will almost certainly conclude the minimum sentence is not appropriate. The judge can impose up to six months in jail for each of the first two cases and up to one year in jail for the third case. The judge can order the jail terms to run consecutively, so the possible jail term is two years.

Although the cases will each be treated as a first offense, each convictions will enhance the sentence for subsequent OVI convictions. If she is found guilty in all three first-offense cases, she will have three separate OVI convictions. If she is charged with another OVI within ten years, she will be charged with a felony. A felony OVI is charged when a person has three OVI convictions within the last ten years or five OVI conviction within the past 20 years.

What About the Charge of Driving Under Suspension?
It is reported the woman refused to submit to a breath test in the first two cases. If so, she would have been subjected to an Administrative License Suspension. For the first refusal, the driver’s license suspension is one year. For the second refusal, the suspension is two years. When she was stopped for the third OVI, she was charged with Driving Under Suspension. For that charge, she is facing an additional jail term of up to six months.

About the Author:  Shawn Dominy is a leading OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio.  He can be reached through his law firm’s website:  Dominy Law Firm.

The post Ohio Woman Arrested for OVI Three Times in One Week appeared first on DUI News Blog.

The BMV 2255 is a form used by Ohio law enforcement officers when imposing an Administrative License Suspension in DUI cases (called ‘OVI’ in Ohio). A sworn copy of the form is given to the arrested person, sent to the Ohio Bureau of Motor Vehicles (BMV), and sent to the court in which the OVI case is being heard. The BMV revised the Form 2255 in 2025, but some officers continue to use the outdated version of the form. That could lead to the ALS being terminated.

Ohio Implied Consent Law
Ohio Revised Code section 4511.191 provides that any person who operates a vehicle (or is in physical control of a vehicle) on property used by the public for vehicular travel is deemed to have given consent to alcohol/drug testing if arrested for OVI. If a person arrested for OVI refuses an alcohol/drug test or submits and tests ‘over the limit’, the person’s driver’s license or privilege to drive in Ohio is suspended.

This is called an Administrative License Suspension (ALS). The ALS is imposed by the BMV and is independent of the OVI case in court. However, a person subjected to an ALS can appeal the suspension in the court which hears the OVI case.

Due Process in Administrative License Suspensions
The ALS is unique because it takes a person’s property (their driver’s license) without first having a judicial hearing. The Ohio Supreme Court has held the ALS is Constitutional, but only if officers comply with the requirements of Ohio Revised Code section 4511.192 when imposing the suspension on behalf of the BMV.

Ohio Revised Code section 4511.192 contains several requirements. The officer must read specific warnings to the arrested person regarding the consequences of taking or refusing an alcohol/drug test. The officer’s reading of the form must be witnessed, and the form must be sworn. A copy of the sworn report must be sent to the BMV and the court within 48 hours and must also be given to the arrested person. The officer must notify the arrested person of the right to appeal the ALS.

Appealing an Administrative License Suspension
A person subjected to an ALS can appeal the suspension pursuant to Ohio Revised Code section 4511.197. At the ALS hearing, the BMV 2255 serves as prima facie evidence the officer complied with the requirements of Ohio Revised Code section 4511.192. However, the BMV 2255 cannot serve as prima facie evidence if the form itself is defective.

Using an Outdated BMV 2255
Some officers continue to use outdated BMV 2255 forms rather than the new form issued in 2025. At least one Ohio appellate court has ruled that, if an officer uses an outdated form, the prosecution must prove the outdated form is the same as the current version of the form. Prosecutors are unable to prove the outdated form is the same as the 2025 version because they are not the same.

In an Ohio OVI case, the defense lawyer should check to see if the officer used an outdated BMV 2255 form. If so, it is likely the form cannot serve as prima facie evidence, and that could lead to termination of the client’s ALS.

About the Author: Shawn Dominy is a leading OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. He can be reached through his law firm’s website: Dominy Law Firm.

The post Ohio’s New BMV Form 2255 appeared first on DUI News Blog.

During the holiday season, from Thanksgiving to New Year’s Day, people gather with friends and family and attend work parties. Those get-togethers often involve alcohol consumption. Police are aware of this, so DUI (called ‘OVI’ in Ohio) enforcement is typically increased during this season.

Increased OVI Enforcement in 2025
The 2025 holiday season is no different. The Ohio State Highway Patrol recently issued a press release about its planned efforts to remove impaired drivers from the roadways. The press release states:

“December is historically one of the deadliest months on Ohio’s roads due to an uptick in impaired driving. That is why the Patrol is intensifying enforcement efforts this month and has zero tolerance for drivers operating a vehicle while impaired by alcohol, drugs or a combination of both.”

How OVI Enforcement is Increased
When law enforcement decides to ramp-up OVI enforcement, they generally use two methods. First, law enforcement agencies set up OVI checkpoints. At one of these checkpoints, the officers stop vehicles which drive through an established location. An officer talks with each stopped driver and determines whether that driver may be under the influence. If the answer is yes, the driver is subjected to field sobriety testing and breath alcohol testing. OVI checkpoints have been found to be legal but also ineffective, as described in this article.

Second, law enforcement agencies execute saturation patrols. The agencies will have extra officers work a particular shift; typically a mid-shift which covers the evening and early morning hours. The extra officers have the singular purpose of seeking-out impaired drivers. They are not responsible for responding to dispatches for other reasons so they can focus solely on OVI enforcement.

What Happens During an OVI Investigation
If an officer on a saturation patrol stops a driver and suspects the driver is under the influence, the officer conducts an OVI investigation. The officer asks the driver questions about drinking alcohol and using drugs. The officer then typically administers field sobriety tests. If the officer believes, based on the totality of the circumstances, the driver is under the influence, the officer arrests the driver. The officer then asks the driver to submit to a test of the driver’s breath, blood, urine, or oral fluid. The officer issues an OVI ticket to the driver with a mandatory court appearance.

What Happens in Court for an OVI Ticket
At the first court appearance, the arraignment, the driver is asked to enter a plea: guilty, no contest, or not guilty. If the driver pleads guilty or no contest, the judge makes a finding of guilt and imposes the sentence. The driver must then serve the sentence, and the driver will have an OVI on their record indefinitely. If the driver pleads not guilty, the case will be scheduled for additional court appearances. The driver then has the opportunity to review the evidence and present a defense in an effort to avoid an OVI conviction.

Decisions to Make if an OVI Ticket is Issued
When a person receives a ticket for OVI, the first court appearance is held within five business days. Before that first court appearance, the person should make three decisions. First, the person should decide what plea they are going to enter. Second, the person should decide whether they are going to be represented by a lawyer. Third, if the person chooses to be represented, the person must decide what lawyer to hire.

Tips for Avoiding an OVI
In its press release, the Ohio State Highway Patrol encourages all drivers to be responsible by doing the following:

• “Designating a sober driver: Before your celebration begins, establish a sober driver. If plans change, call a friend or rideshare service. Never assume you are safe to drive after consuming alcohol or drugs.
• Knowing the different types of impairment: Troopers are not just looking for those impaired by alcohol. They are specifically trained to detect impairment from marijuana and other drugs that negatively impact driving ability.
• Knowing the consequences: An OVI conviction carries penalties, including the potential for jail time, heavy fines and license suspension. These consequences seem severe but are minor compared to carrying the lifelong burden of taking someone’s life in a crash.”

For those drivers who find themselves charged with OVI during the holiday season, it would be wise to consider hiring a skilled OVI defense lawyer.

About the Author:  Shawn Dominy is a leading OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio.  He can be reached through his law firm’s website:  Dominy Law Firm.

The post DUI/OVI Enforcement Increased During Holiday Season in Ohio appeared first on DUI News Blog.

As an Ohio lawyer representing clients for DUI (called ‘OVI’ in Ohio), I am often asked what happens when an Ohio resident is convicted of DUI in another state. This article explains the Ohio consequences and how to appeal them.

Notice from Ohio BMV
When an Ohio resident is convicted of DUI in another state, the other state transmits a report of the conviction to the Ohio Bureau of Motor Vehicles (BMV). The BMV sends the person a notice by U.S. mail. The notice informs the person that their Ohio driver’s license will be suspended.

According to Ohio Revised Code section 4510.17(B), the suspension lasts for six months, or until any suspension imposed by the convicting state ends, whichever is earlier. The suspension takes effect 21 days from the date of the notice.

Appealing the Suspension Through the BMV
To appeal the driver’s license suspension for an out-of-state DUI, a person must file a Notice of Appeal within 21 days of the date of the notice. Filing a Notice of Appeal does not stay the driver’s license suspension, so it will begin on the specified date, even if the suspension is appealed through the BMV.

The BMV must hold a hearing within 45 days of receiving the Notice of Appeal. At the hearing, the only issues are: (1) whether the person was convicted of DUI in another state, (2) whether the other state’s DUI statute is substantially similar to Ohio’s OVI statute, and (3) when the suspension ends. The BMV does not grant limited driving privileges on the suspension. If the person chooses, he or she can appeal the BMV’s decision to the Common Pleas Court of the county in which the person resides.

Appealing the Suspension Through a Municipal Court
If a person wants limited driving privileges, the person should file a petition in the municipal court in whose jurisdiction the person resides.  The petition is filed pursuant to Ohio Revised Code section 4510.17(E). According to Ohio Revised Code section 4510.73(D), the municipal court is authorized to issue a stay of the suspension pending resolution of the matter.

When a person petitions for limited driving privileges in a municipal court, the person can also appeal the driver’s license suspension pursuant to Ohio Revised Code section 4510.73(B).  That statute says, after the petition is filed, the court is, “conferred concurrent jurisdiction to adjudicate all issues and appeals regarding that driver’s license matter, including issues of validity, suspension, and, with regard to any suspension imposed by the bureau of motor vehicles, driving privileges.”

The municipal court schedules a hearing on the petition for limited driving privileges and the appeal of the driver’s license suspension. At the hearing, the issues are: (1) whether the person was convicted of DUI in another state, (2) whether the other state’s DUI statute is substantially similar to Ohio’s OVI statute, (3) when the suspension ends, and (4) what driving privileges will be granted if the suspension is valid. If the person chooses, he or she can appeal the municipal court’s decision to the court of appeals with jurisdiction in that region.

Conclusion
An Ohio resident who is convicted of DUI in another state will likely receive a suspension of their Ohio driver’s license. If that person wants to obtain limited driving privileges and/or appeal the suspension, they must do so within 21 days of the suspension notice from the BMV. The appeal of the suspension and petition for limited driving privileges may be done with or without the assistance of an Ohio OVI lawyer.

The post What Happens When an Ohio Resident Gets a DUI in Another State? appeared first on DUI News Blog.

The Ohio Senate unanimously passed Senate Bill 55, which would revise Ohio law for marijuana DUI (called ‘OVI’ in Ohio). The bill is now being considered by the Ohio House of Representatives. Ohio’s current law forbids operating a vehicle with prohibited levels of ‘marihuana’ and ‘marihuana metabolites’. SB 55 instead proscribes operating with a prohibited level of THC: not marijuana, and not metabolites. The law would also increase the prohibited level of THC and create a permissible inference of intoxication for low levels of THC.

New Law Would be Based on THC, Not Marijuana
Currently, Ohio Revised Code section 4511.19 prohibits operating a vehicle while ‘under the influence of ‘marihuana’ or while having a prohibited concentration of ‘marihuna’ in one’s blood or urine. Under SB 55, the prohibited substance is tetrahydrocannabinol (THC) rather than ‘marihuana’.

The change makes sense for two reasons. First, marijuana (cannabis sativa) contains hundreds of chemical compounds, and THC is the compound which is psychoactive: it causes the behavioral and cognitive effects which may impair driving ability.

Second, marijuana would never be found in a blood or urine test. When marijuana is ingested, it is broken-down into compounds and their metabolites. What is detected in a drug test is THC or one of its metabolites, not marijuana.

New Law Would Not be Based on Metabolites
Under the current law, a person may be prosecuted for operating a vehicle while having a prohibited concentration of ‘marihuna metabolite’ in their blood (50 nanograms per milliliter) or urine (35 nanograms per milliliter). This is a ‘per se’ violation of the OVI law: it is, by itself, illegal to do so, even if driving ability is not impaired.

Under SB 55, there will be no ‘per se’ law based on marijuana metabolites in blood or urine. This change is supported by science. Marijuana metabolites found in blood and urine do not indicate intoxication. The only compound which is psychoactive is THC. The presence of other marijuana components or metabolites is irrelevant to impairment, so Ohio should only test for THC. Marijuana metabolites may be detected for up to five weeks after ingestion, and we should not prosecute people for driving after smoking a joint five weeks ago. The current law is not supported by science.

New Law Would Increase Threshold for ‘Per Se’ Violation
If SB 55 becomes law, there would be a ‘per se’ law based on THC in blood. Under the current law, a person may be convicted for operating a vehicle while having two nanograms or more of marijuana per milliliter of blood. Under SB 55, the prohibited concentration of THC is increased to five nanograms or more of THC per milliliter of blood.

SB 55 adds language to the statute which explicitly permits the defense to challenging the drug test’s analysis. Challenges may include the test’s admissibility under the Ohio Rules of Evidence, as well as “the method, process, reliability, or equipment” used in the analysis.

New Law Would Make Low THC Level a Rebuttable Inference
For the charge of OVI ‘impaired’, the prosecution must prove the defendant operated a vehicle while ‘under the influence’ of a drug of abuse. ‘Under the influence’ means the drug affected the person in a way which would impair that person’s ability to operate a vehicle.

Under SB 55, a judge or jury determining guilt would be permitted to infer (without expert testimony) a person was ‘under the influence’ of ‘marihuana’ if the person had a concentration of at least 25 nanograms of THC per milliliter of urine, or at least two but less than five nanograms of THC per milliliter of blood, or at least five nanograms or more of THC per milliliter of oral fluid. The defendant would be permitted to rebut the inference with evidence showing he was not ‘under the influence’

SB 55 Would Improve Marijuana OVI Law
The truth is Ohio should not have an OVI ‘per se’ law based on THC levels because there is not a particular blood THC level at which all people are impaired. However, passing a law requires compromise, and some Ohio legislators will not eliminate the ‘per se’ marijuana OVI law despite the science. SB 55, while not entirely true to science, is an improvement over the current law.

About the Author: Shawn Dominy is a leading OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. He can be reached through his law firm’s website: Dominy Law Firm.

The post Ohio Legislature Considers Change to Marijuana DUI/OVI appeared first on DUI News Blog.

Most people don’t realize it until their car has been seized and towed away, but Tennessee law allows a POST certified officer to seize the vehicle used in the commission of a person’s second or subsequent conviction of DUI.¹ The Tennessee Department of Safety and Homeland Security is the applicable agency that oversees these actions.

Prior to this new law² that became effective July 1, 2025, a person contesting the forfeiture of their vehicle was required to file a bond with the Department of Safety in the amount of $350. See, Tennessee Code Ann. § 40-33-206(b) which was deleted in 2025. Currently, however, it is no longer necessary to file such a bond. The bond was used to pay for the costs of the proceeding in the event the claimant was unsuccessful in contesting the forfeiture. Claimants no longer have to pay a cash bond or file additional pleadings to assert ownership of seized property, making the process more accessible and fair.

In order to qualify for forfeiture, the conviction making the vehicle subject to seizure and forfeiture must occur in Tennessee and at least one (1) of the previous convictions must have occurred within five (5) years of the current conviction.³

Although forfeitures are not criminal actions for the purpose of Double Jeopardy, they are of course, punitive measures. The Tennessee legislature has attempted to avoid this potential argument by a claimant by including in the statute the intent of the law. “It is the specific intent that a forfeiture action under this section shall serve a remedial and not a punitive purpose. …”⁴

It is the hope of the author, and presumably that of the Tennessee legislature, that more citizens will be able to contest a wrongful vehicle forfeiture now that there is no requirement to post a bond. These matters can become quite complicated and time-consuming. The proper documents requesting a hearing and stating the person’s interest in the seized property must be made in a very short period of time.⁵ It is critical to retain a knowledgeable and experienced DUI defense lawyer to help the claimant navigate through the administrative procedures in order to successfully retrieve their vehicle.

1. Tennessee Code Ann. § 55-10-414. ︎
2. Tennessee Code Ann. § 40-33-206. ︎
3. Tennessee Code Ann. § 55-10-414(b). ︎
4. Tennessee Code Ann. § 55-10-414(c). ︎
5. Tennessee Code Ann. § 40-33-206(a). ︎

About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants. Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the National College for DUI Defense, Inc. (NCDD). Among the many honors bestowed upon him, Steve has served as Dean of the NCDD and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee.

He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor (1942 – 2023) of the national treatise, Drunk Driving Defense, 9^th edition (Wolters Kluwer/Aspen). Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions. He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and 10 foreign countries. After being named a Fulbright Scholar, Steve was honored to teach as a Visiting Professor at the University of Latvia Faculty of Law (Law School) in the capital city of Riga, Latvia for a semester during 2019. In 2023, Steve accepted an offer to teach for a semester as a Visiting Professor at Eötvös Loránd University Faculty of Law in Budapest, Hungary. Steve was designated a Fulbright Scholar for a second time and taught American Criminal Law and American Trial Advocacy at The University of Ljubljana Faculty of Law in the capital city of Ljubljana, Slovenia for the 2024 spring semester. Since then, Steve taught American Trial Advocacy to Masters Students in Criminal and Criminal Procedure Law for the Winter Semester in 2025 at the Universidad Carlos III de Madrid Faculty of Law in Madrid, Spain. If you would like to contact the author, please visit his website at www.tndui.com.

The post Tennessee Bond Requirement Removed to Contest Forfeited Property appeared first on DUI News Blog.