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Hunter28
Guest
I'm from ohio and was charged with a DUI. My lawyer filed a motion to suppress the BAC test. what circumstances would it take for this to work? I want to know if this is possible, or is he just takeing my money? Thank you.
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knotcops
Guest
Were you drinking? Did you then get in your car and drive? You got caught? Thank god you didn't kill someone! Why do you think you should get off? If you did it, and you do know, take your lumps and be thankfull no one died.
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Hunter28
Guest
I blow a .098, and was not drunk, so thanks for nothing you stupid prick.
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knotcops
Guest
In Ohio, driving under the influence includes driving while intoxicated with too much alcohol, or driving under the influence of a drug of abuse. One can be convicted be "under the influence" if a jury determines that:
"the defendant consumed some alcohol or drug of abuse, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the defendant's actions, reactions, or mental processes under the circumstances then existing and deprived him of that clearness of intellect and control of himself which he would otherwise have possessed."
In Ohio, even if you are not "under the influence," you may still be guilty of a alcohol related crime if you are "over the legal limit." Driving over the legal limit is not the same as driving under the influence" (although the two may certainly occur at the same time and one may be charged and convicted of both). In Ohio, the legal limit for persons 21 and over is any of the following:
.10% (by weight) for blood, or
over .10 of 1 gram (by weight) per 200 liters of for breath, or
.14 of a gram (by weight) per 100 milliliters of urine.
For persons under 21 it is even less (e.g. .02% (by weight) for blood.)
You state that your blood alcohol was .098, 2 1/1000's less than the legal limit. Certainly enough to convict on "under the influence".
The only stupid one here is the person that believes their not drunk when they have drank to much!
"the defendant consumed some alcohol or drug of abuse, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the defendant's actions, reactions, or mental processes under the circumstances then existing and deprived him of that clearness of intellect and control of himself which he would otherwise have possessed."
In Ohio, even if you are not "under the influence," you may still be guilty of a alcohol related crime if you are "over the legal limit." Driving over the legal limit is not the same as driving under the influence" (although the two may certainly occur at the same time and one may be charged and convicted of both). In Ohio, the legal limit for persons 21 and over is any of the following:
.10% (by weight) for blood, or
over .10 of 1 gram (by weight) per 200 liters of for breath, or
.14 of a gram (by weight) per 100 milliliters of urine.
For persons under 21 it is even less (e.g. .02% (by weight) for blood.)
You state that your blood alcohol was .098, 2 1/1000's less than the legal limit. Certainly enough to convict on "under the influence".
The only stupid one here is the person that believes their not drunk when they have drank to much!
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