Under the new refusal law, the state will double the penalty for a  first offense from 180 days to a year and for a second offense from 18 months to two years. The new driving while suspended law creates two categories of offense. The first of these is for DWIs and requires a minimum 15 day jail sentence with a maximum of six months. The second class is for anyone suspended for any accidents resulting in death. These will require a 60 day jail sentence with a maximum of six months.

The third law just limits how much discovery a defense attorney can demand prior to a hearing. It is designed to make the process quicker for the legal system. This is the change that I think is most heinous. It is just another way of taking away your right to an adequate defense and a move to convict people without proper constitutional protection.

This law gives too much power to police with no judicial oversight. It will also put a huge burden on testing labs in the states. It is possible that they may be overwhelmed by requests since there will be no checks and balances to the police officer’s authority on the matter.

This is another example of laws being enacted across the country that are designed to reduce drinking and driving, but try to accomplish this in an almost  totalitarian way. This law skirts the foundations of the legal system in this country. It is time to stop the abuse of power that Mothers Against Drunk Driving is pushing. Write your local officials and tell them where you stand.

This practice should be ruled unconstitutional since it only applies to certain drivers and enforces a BAC level that is 75% lower than the legal limit. In effect, it creates a set of laws for one class of people that is different and more onerous than for another class of people. In my opinion it violates the equal protection clause of the constitution.

Their is a cost involved with installing the device, removing the device, servicing it and a monthly service fee that runs $75 to $125 a month. These fees, not surprisingly, are paid by the driver and not the state. Register your displeasure with the law by calling your representatives in Missouri and asking them to show you how this law will save lives or reform repeat offenders without providing them with any rehabilitation.

It is this web site’s position that the proposed law is not needed and could cause harm to the people of Ohio. Fortunately, the Ohio Emergency Medical Services Board “has determined that an EMT does not appear to be a ‘qualified technician’ for the purpose of withdrawing blood pursuant to a law enforcement matter.” You can read their determination here: Withdrawing Blood for OVI Evidence Collection.

What made “Under the Influence” more interesting to me was its scientific analysis of how alcohol is manufactured, and how it is digested and used by the consumer afterwards. For example, prior to reading this book, I had no idea that natural fermentation can only create alcoholic beverages that are 13 to 14 percent alcohol. At this percentage, the yeast dies and the process of fermentation ends. Beer is stopped between 3 to 6 percent. I also learned from the book that distillation is a man made process that can create hard liquors with 40 to 75 percent alcohol content. The book also goes into detail about the origins of designating alcohol by “proof” ratings.

More important to know for someone accused of DWI or DUI is that the average person can eliminate about one half ounce of 100 proof whiskey per hour, or three ounces of wine. The book also states that females will have higher blood alcohol content readings because they have more adipose (fat) tissue which is not penetrated by alcohol. Premenstrual hormones also have an adverse effect.

Other important facts relevant to DWI and DUI are that blood alcohol content rises faster on an empty stomach. High protein foods like meat, cheese and eggs slow down absorption. Water and fruit juices, mixed with your drink of choice, slow down absorption, while carbonation speeds it up. Without giving you all the valuable facts in this book, you should also know that strong alcohol is absorbed faster as is warm alcohol.

“Under the Influence” is replete with facts, but it is not a guide for beating breaths tests or defending yourself against driving infractions. It is a comprehensive book at the science surrounding alcohol abuse. The metabolism of alcohol in the human body is discussed at length, as are its effects on nutrition, the brain and the liver.

The book also covers predisposing factors that create alcoholics. These are both psychological and social. “Under the Influence,” however, points out that physiology, not psychology, determines whether one drinker will become addicted to alcohol and another will not. Interestingly enough, the book also contends that national origin has something to do with alcoholism as well. The book claims that Jews and Italians have less than one percent alcoholism rates, while Native Americans have 80 to 90 percent. The reason for this may have something to do with the length of time a group has been exposed to alcohol consumption. Jews and Italians have had alcohol available for 7,000 years, while Native Americans only for 300 years.

The stages of alcoholism and associated denial are covered in a chapter, as are the build up of tolerance and cellular changes that make the body crave and need alcohol. Other chapters cover the ideal treatment regimen which includes medically supervised detox, treatment with goal of zero subsequent usage (sobriety) and follow up with Alcoholics Anonymous’ 12 step program. The dangers of drug interactions with alcohol have their own chapter, as well as the common prejudices and misconceptions about alcohol abuse.

I recommend this book to anyone who thinks they may have a problem or who knows someone that they believe is an alcoholic. If you have a driving under the influence arrest, then this book is also highly recommended for you.

You can avoid these charges in one of three ways: don’t drink alcoholic beverages at all, get a buddy to drive, or use a cab, limo or driver. All three methods are effective and will cost infinitely less than the legal and social costs of being found guilty of operating under the influence (OUI).

Chances are that you have found this blog and the parent site, The Best DWI Defense, because you need legal help. You can find an excellent attorney to represent you and hope that competence and good fortune help you in your current situation. Regardless of outcome, plan to avoid it happening again. Keep in mind financial costs and the stigma that is associated with these types of charges.