A law we touched on here a few months back is getting its first applications. In September of last year a new law was passed stating that drivers suspected of OVI and who have previous OVI/DUI convictions can not refuse a breath test.
In this article from the Akron Legal News we see multiple DUI offender Dominique Nolen was taken to a nearby hospital for blood to be drawn after refusing a breath test offered by police. She was discovered to have a blood alcohol content of .225%, well above the legal limit of .08%.
Ms. Nolen’s case is far more serious than many DUI cases because this incident ended in the death of an innocent pedestrian, Billy Owens, a 43 year old Akron man. Nolen faced multiple charges for the string of events that happened on October 18th, 2008. She was speeding without headlights when she struck Owens, who was crossing an intersection on foot.
For all of the offenses she was found guilty of, including aggravated vehicular homicide, Nolen was sentenced to a mandatory 7-year prison term followed by a potential 5-year post-release supervision term. She has lost her driver’s license for life, forfeited her vehicle, and she was also ordered to pay funeral expenses to the family of Billy Owens.
While Nolen’s case is extreme, the penalties for multiple DUI’s are also quite harsh. In an effort to protect innocent lives, lawmakers take these charges very seriously. Here is an informational page of common DUI/OVI offenses and penalties.
If you are facing DUI charges for your first time or if you have faced these charges before, you do need someone looking out for your rights. Contacting a DUI attorney experienced in defending these charges is an important first step.