Very strange OVI charge

[Liudas]

What is the name of your state (only U.S. law)? Ohio

What is the name of your state (only U.S. law)? Ohio

Here's the scenario:

I was completely alcohol and drug free for 2 1/2 years. Two months ago I decided to drink again. For 2 weeks I drank about one bottle of 100 proof whiskey per day. The last 4-5 days on that binge I hardly ate any food, because my stomach wouldn't accept food. Consequently, I looked really burned out and almost like a zombie at this point.

The morning after my last day of that 2 week liquor binge, I was really hung over and drank either 1 or 2 beers for breakfast, just to take the edge off my horrendous hangover. I consumed no other alcohol or drugs. This was about 9:00 a.m.

About an hour after I drank those beers, I drove my car to run some errands. I bought another bottle of 100 proof whiskey and a 2 liter bottle of ginger ale. Both bottles were in a bag on the floor of the front passenger side of the car.

I pulled into a gas station to get some gas, and out of nowhere, a police car pulled behind me with his flashers on. He told me I failed to use a turn signal when entering the gas station, and then did the routine questioning about alcohol, and I told him I consumed 1-2 beers that morning, and I consumed a great deal of alcohol the night before. (I said a drank about 10-12 beers the night before)

The officer called for backup and when the other officer arrived, they gave me a breathylizer test. They had me blow into the device once, then a few minutes later, they had me blow into it again.

Then, they handcuffed me and drove me to a hospital where blood was drawn from both of my hands. Two blood samples were drawn, one from each hand.

The police confiscated my physical driver's license, had my car towed to an impound lot, and then took me to the city jail where I spent the entire day, until I went to my arraignment the following morning. I plead not guilty to the OVI charge and requested a public defender. Bond was set at 10% of $20,000 (about $2000), and I did not have the funds to bond out, so I was taken to the county jail where I would remain until my court date about 5 weeks later.

Two weeks into my jail stay, I was taken to a pre-trial hearing where I met with my public defender. She examined the discovery for my case, and she told me that my blood alcohol level was .038. Yes, again, .038.

The results of the blood test were not yet available. 3 weeks later I went to my official court hearing. The blood test results were still not in, so my public defender asked the judge if I could be released on personal bond, since I already had spent 33 days in the county jail. and my blood alcohol level was only .038 when I was arrested. The judge let me leave jail with a personal bond, but only after I paid $406 for an ankle device that would detect any alcohol use. ($100 one-time installation fee, and $12/day for 30 days of use)

I've been out out the county jail now for 6 days.

It's been a real hassle going without a physical driver's license as an official form of identification this week when dealing with banks, hotels, etc. So, I went to the BMV today to get a state ID to use for official purposes. The BMV told me that my driver's license WAS NOT suspended, and if I was given a state ID, that my driver's license would become null and void, and I would have to take a written and driving test test if I wanted to drive again.

All this was totally weird to me. So, I asked if they could just issue me a replacement driver's license. They said they would, and I paid $24.75, got my photo taken, and I walked out of the BMV office with a valid driver's license in my hand!!!

What the heck is wrong with this picture?

My next court date is in about 3 weeks. My public defender told me that my blood test results still may be unavailable at that court date. (She told me that blood test results typically take 90+ days. She explained to me why, but I cannot recall. that's just the way it is in our particular venue.)

When the results of the blood test are finally given to the court, they will see that I had absolutely ZERO illegal or prescribed drugs in my system. My public defender told me that when the court sees that I had no drugs in my system, and also consider that my blood alcohol level was only .038, the judge will most likely reduce the OVI charge to something lesser.

---------------

Now I do have a history of Ohio DUI convictions: 1992, 1995, 2008, 2010. All cases have been discharged, and I was totally off probation from my 2010 conviction.

As a result of this last OVI charge a few weeks ago, I have incurred the following:

1. 33 days incarceration in county jail
2. $460 ankle bracelet device
3. As of today, $750 car impound lot towing and daily fees. ($80 for towing and $15/day storage. The storage fees will keep accruing until the court gets my blood test results and I hopefully will be able to drive again.

I didn't lose any job, because I semi- retired and did not have a job at time of arrest.

---------------

Any idea what the outcome may be?

Am I being screwed by the city that arrested me?

Why did I walk out of the BMV today with a valid driver's license?

Do I have any recourse to recoup all the money I've been forced to pay as a result of this case?

Can I be somehow compensated for the 33 days I was incarcerated?


Any input will be much appreciated.

Thanks.

Liudas

 

[justalayman]

4511.19 Operating vehicle under the influence of alcohol or drugs - OVI.
(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:

(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

There are levels of alcohol and other drugs that would be considered a per se limit but that does not mean OVI cannot be charged if under the levels. It would be based on testimony of your condition and whether you were considered to be impaired or not.

You could still be convicted of the charge if your actions support the charge.

 

[Eekamouse]

It sounds to me like you're downplaying the situation. You do have a nasty history of drinking and driving. After as many DUI's as you've had, you'd think you'd know better by now not to get behind the wheel after consuming ANY alcohol but apparently you don't. Maybe you'll avoid a conviction this time. Maybe you won't. I'm just glad you don't live in my neighborhood. Good luck with your case. Please consider AA.

 

[FlyingRon]

Please consider serious evaluation and treatment. AA isn't likely going to work.

 

[CdwJava]

I met a guy a lot like you once ... it was on the side of the road at the scene of a collision ... he was screaming at the car he had just run into because his car was totaled. Unfortunately, there was only a small boy left alive to hear his drunken rants, and that by died in my lap minutes later. His mother and sisters were dead. His history was very similar to yours except that his licence was still suspended from his priors.

I suspect your 2 1/2 years of sobriety may have coincided with probation and regular tests. When you fell off the wagon, you fell off. If you want to kill yourself - fine. That's between you and God. But, when you risk the rest of the world because you have a flippin' problem with life and choose to feel sorry for ourself or deaden your pain through alcohol then that's selfish and evil.

Get help. Quick. You may not care about your life, but perhaps you might care that your actions might kill someone else.

 

[FlyingRon]

It was only random chance that put him under .08 this time with the bender he was on.

"What is wrong with this picture?" Look in the mirror, the answer is there.

 

[CdwJava]

And no treatment program will help until he is ready to acknowledge that he has a problem AND that he cannot overcome it himself. Most successful treatment programs operate under a 12-step model to one degree or another, but they all have the core element that one must acknowledge a problem and that they need help to overcome their addiction.

I have also seen far too many people die of their alcohol addiction ... it is a long, painful, and miserable way to die as their body deteriorates and they lose control of bodily functions in their last days. One guy got to wandering around the apartment without his pants as it made it easier for him to go the bathroom as his bowels had pretty much shut down and he could no longer control his functions. He died when he fell and hit his head on a countertop while reaching for another bottle of whiskey. He had been on a bender at home for about 3 weeks after he lost his job drinking a bottle of whiskey (in plastic jugs from Albertsons) or more each day. The empties were all over the apartment.

Get help!

 

[FlyingRon]

Sorry cdw, most programs do *NOT* operate under the 12 step, pseduo-regligious babble. Published research shows AA to be no more successful fighting alcoholism than doing nothing. THe rest I agree with. While it's unlikely that any treatment will work effectively without self-realization of their being a problem, without ongoing supervision there's little chance that a sociopathic binge drinker like the original poster is ever going to be fit to operate in society.

 

[CdwJava]

Sorry cdw, most programs do *NOT* operate under the 12 step, pseduo-regligious babble.

I know of very few programs that do not utilize the steps or a permutation of the steps by another name. The successful ones out here seem to utilize them. You may be lumping all 12 step or similar programs into the category of "AA". They are not the same. AA is a different beast than paid programs by its very nature. Even other voluntary programs that utilize the 12 step method or something similar to it are NOT AA.

Published research shows AA to be no more successful fighting alcoholism than doing nothing.

I have read the research and the statistics only show part of the story. Having dealt with addicts - and as an active supporter of the recovery community - I can tell you with confidence that these programs have managed to have success. Yes, an addict may stumble and fall, and he may fall off the wagon from time to time, but with the support of his or her peers and a desire to get better, he or she gets back on the proverbial horse and can move forward. When you do nothing, the addict tends to have far more failures before something might finally stick.

While it's unlikely that any treatment will work effectively without self-realization of their being a problem, without ongoing supervision there's little chance that a sociopathic binge drinker like the original poster is ever going to be fit to operate in society.

Which is why he was probably sober for the past two years - on probation from 2010.

EDIT:

These are some of the most often cited studies that empirically demonstrate the effectiveness of 12-step programs either as a form of treatment or as an ongoing program of maintenance.

http://www.journalofsubstanceabusetreatment.com/article/S0740-5472(99)00020-3/abstract

http://informahealthcare.com/doi/abs/10.1081/ADA-100101848

http://psycnet.apa.org/journals/ccp/65/2/230/

http://www.jsad.com/jsad/article/Spirituality_and_Purpose_in_Life_in_Alcoholism_Recovery_/1907.html

There are more. This was a topic of study I engaged in recently and have access to these articles and many more. While 12-step programs are not the sole treatment option out there, they have withstood the test of time and continue to provide positive, cognitive aid to addicts. And when you dissect many of the other available programs that exist, you will find that they utilize much of the same theory as AA but by a different name. “Levels” with corresponding criteria and admissions might replace the term “step,” but much of the underlying parallel step is still present.

The bottom line remains … until the OP is willing to admit he has a problem and accept that he needs help to overcome it, he will continue to be a danger to himself and to others.

 

[Dave1952]

You seem to have agreed to the various tests involved in your arrest so the Administrative License Suspension might not have stood up to a timely appeal but you didn't appeal. It's quite possible that DMV hasn't processed the suspension for some reason. Before you go driving around on your duplicate license check with your lawyer. Ask about your license suspension and your car impoundment.

 

[CdwJava]

I suspect that the suspension may not have occurred because the blood test results came back under .08. In most states the suspension paperwork is filed when there is a belief that the chemical test may indicate a BAC of .08 or higher. In this instance it appears the BAC was less.