Charles Rowland has dedicated his legal practice to the aggressive defense of drunk driving, OVI (Operating a Vehicle while Impaired) and DUI (Driving Under the Influence) cases. Attorney Rowland understands that the preservation of an OVI/DUI defendant's license is crucially important and organizes defense strategies and tactics around that priority. His mastery of the complex and technical field of OVI/DUI law and his extraordinary powers of persuasion have produced an impressive record of victory both in courtrooms and in driver's license suspension hearings.

For most people, a DUI arrest brings a high level of fear and humiliation. The very thought of being in jail raises concerns about personal safety and the suspension or revocation of a driver's license can have ruinous consequences on many levels. People sometimes lose their jobs or are compelled to drop out of school, and the financial implications can be staggering. Personal relationships are strained and in some cases, destroyed. 

If you are arrested for DUI, you need a lawyer who knows your concerns and will fight for your rights.  Attorney Charles Rowland offers compassion in addressing human needs while providing legal representation of the highest order. Please contact him when you need help with the following matters:

• Driving Under the Influence of Alcohol or Drugs (DUI/DWI/OMVI/OVI)
• Speeding Tickets
• Contests of Speed
• Driving on a Suspended License
• Reckless Driving
• Department of Motor Vehicles (DMV) Suspension/Revocation Hearings
  • DUI Conviction
  • Chemical Test Refual
  • Medical or Drug Suspension
  • Negligent Operator (too many tickets) Suspension
• Other Traffic Crimes

Charles Rowland maintains an established DUI/OVI and criminal practice representing the accused drunk driver in State and Federal courts in the Miami Valley and throughout Ohio. Since 2005, Charles Rowland has dedicated his practice exclusively to representing the accused drunk driver. Charles is a proud member of the National College for DUI defense and in 2006 attended the intensive seminar on DUI law at Harvard University.

National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio for DUI/OVI arrests. In October, 2006, Charles Rowland presented a seminar on standardized field sobriety testing before the Greene County Bar Association.

In 2007, Charles Rowland was the first attorney in the State of Ohio certificated on the Intoxilyzer 8000 breath testing machine. In 2008, Charles Rowland was the first attorney in the United States to earn a Forensic Sobriety Assessment Certificate. FSA certification requires proficiency in the scientific principles and research relating to sobriety testing in a DWI/DUI stop. It subsumes the NHTSA training (knowledge of the NHTSA manual is required) and greatly extends it.

Charles Rowland has appeared as an expert on television, radio and in newspapers. He has been included in the 2005-2006 edition of the National Register of Who’s Who in Executive and Professionals and was the 2004 Ohio State Bar Foundation recipient of the Community Service Award for Attorneys under 40 years old. In 2005, Charles Rowland was given the singular honor of being named a Fellow of the Ohio State Bar Foundation.

Charles M. Rowland, II, has been a trial attorney since beginning his practice in 1995. He has served as a Special Prosecutor for Greene County, the Xenia City Prosecutor, as counsel for the Greene County Public Defender's Office and has helped indigent clients in consumer related cases with Southeastern Ohio Legal Aid Services. He represents traffic clients throughout Ohio on behalf of Interstate Trucker Ltd. and the National Motorists Association.

"As a member of the National College for DUI Defense, DUI Defenders and the National Motorist Association, I am 100% dedicated to aggressively representing the accused drunk driver. I am a former city prosecutor and owner of my own BAC Datamaster. Let my office fight for you."

- Attorney Charles M. Rowland, II

Prosecutors know Charles Rowland as a formidable courtroom opponent and they know the depth of research and preparation to be expected at trial. Ironically, this unfailing preparation and readiness to fight it out in court often produces extraordinary results without need for a trial. If any defense attorney can find the way to settlement of a DUI case, it's Charles Rowland.

If you or someone you know anywhere in the Greater Dayton Ohio Region needs legal counsel or the assistance of an experienced OVI/DUI defense lawyer, call Charles M. Rowland, II, today at  866-715-6759, or use the contact form provided on this site to arrange for your free initial consultation.

Practice Areas and Legal Definitions

Ohio laws surrounding drunk driving and related traffic offenses are extensive.  Charles M. Rowland, II, has built his practice on defending those arrested and accused of drunk driving or traffic-related crimes and possesses the ability to provide aggressive legal defense for clients involved in any of the following matters:

Ohio Drunk Driving:
In the Commonwealth of Ohio, it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

In order to be convicted of Drunk Driving, the prosecution must prove that the defendant was driving or possessed actual physical control of a vehicle while under the influence of drugs or alcohol at the time of arrest. Evidence must show that the arresting officer had a reasonable, articulable suspicion for stopping or approaching the vehicle, or if stopped at a roadblock, that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution.

DUI:
“DUI” stands for Driving Under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit.  Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender’s expense) of a car ignition locking device.  In addition, a DUI conviction stays on a DMV record for at least 7 years, it typically results in higher insurance premiums and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities. 

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter).  Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge. 

Driving with a Suspended License:
Driving with a suspended or revoked license in Ohio is considered a crime and can result in heavy fines and possible jail time. At worst, it may be considered a felony and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI).

Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended.  If the driver is charged with drunk driving, reckless driving or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

Other Traffic Crimes:
Every state has its own set of laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations. Many states have “point” systems to track individual driving records, and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many points. The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.

If you or someone you know has been arrested and charged with drunk driving, and you need the aggressive and skilled legal representation of a Dayton, Ohio DUI lawyer, call Attorney Charles Rowland today at  866-715-6759, or use the contact form provided on this site to arrange for your free initial consultation.

Frequently Asked Questions

The following information includes frequently asked Drunk Driving Defense questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For a personal consultation regarding your specific case, please contact Dayton, Ohio criminal lawyer Charles Rowland, II, today at  866-715-6759.

Do I have the constitutional right to speak to an attorney before I have to take a field sobriety test?
Your right to an attorney or to advice of counsel does not attach until you are formally arrested or placed in custody.  If at any time during the officer's stop you believe you need an attorney, it is always good policy to ask for an attorney. Listen to what the officer says in response to your request for an attorney, as this response could be very important if he misrepresents the law to you.

Should I refuse to submit to the field sobriety test?
You are not legally required to take a field sobriety test. This is unlike the chemical tests to determine your blood alcohol concentration [BAC]. When asked to take a chemical test by a police officer who has already arrested you, if you refuse there are serious consequences; i.e., loss of your driver’s license. You can, however, respectfully decline to take the field sobriety test. Remember, always be polite and courteous to the officer. If you are rude or become abusive or obstructive, the only person who is going to lose is you, not the police officer. You can certainly refuse the field sobriety test in a polite and courteous manner.

Can I be charged with DWI if I am impaired by legitimately prescribed medication?
Yes. The DUI laws in most states make it unlawful to drive under the influence of alcohol and/or any drug. If your driving is drug-impaired it doesn’t make any difference whether the drug involved is a street drug like cocaine or a drug properly prescribed by your physician for the legitimate treatment of some medical problem or condition. The issue is not why you are impaired, but whether you are impaired.

If the police officer asks me if I have been drinking, how should I respond?
If the officer asks you "Have you been drinking?" your answer will be a significant factor in the officer's decision to arrest you and in the prosecution's case against you if you are charged and tried for drunk driving. Such questions are "accusatory" in nature and you should respectfully decline to respond in a polite and courteous manner. You can respond, "I would like to speak with an attorney before I answer any questions." It must be remembered that the officer does have a right to certain information that the courts appear to look upon as routine questions. For example: What is your name? What is your address? What is your date of birth? Etc. When the officer inquires into drinking, however, ask for an attorney as set forth above. The officer will then probably say you do not have a right to an attorney and ask you to answer the question. At this point, your best course of action would be to "respectfully" decline to answer. A good drunk driving attorney will give the jury some reason for your respectfully declining to answer the question.

Can I Challenge the Results of a Breath Test?
You certainly can, but you're going to need the help of an aggressive attorney with experience and expertise in handling drunk driving cases.

It is no longer necessary for the prosecution to prove that your driving was impaired in order to convict you of drunk driving. All 50 states have adopted legislation making it unlawful to drive when the concentration of alcohol in your blood is .08% or more, regardless of your driving. In fact, your driving can be utterly flawless and you can perform the FST’s perfectly, but if your BAC is .08% or more you are guilty of drunk driving. Drivers everywhere under the age of 21 are deemed guilty of drunk driving if a chemical test shows any alcohol whatsoever in their blood. A few states have added the lesser charge of “driving while impaired” for those whose BAC is less than .08% but greater than .05%. The key issue in all situations where the BAC exceeds the limit is that if the prosecution shows the chemical test was performed properly and that the result was accurate, the drunk driving verdict is going to be “guilty.” Period.

This is one of the situations when the selection of an expert drunk driving lawyer can really pay off for you. A skilled and aggressive drunk driving lawyer will be familiar with a good many flaws in both the theory and the practice of chemical testing in general, and also with regard to your particular case. Your attorney make attack the test on any of the following grounds:

• Your test result may fall within the inherent plus or minus 2% margin of error in testing equipment acknowledged by manufacturers. That can spell the difference between “guilty” and “not guilty” where the test result is .08% or .09%.
• Failure to follow the detailed procedures for maintenance and operation of the test equipment and for obtaining the breath sample. The procedures are not always followed, and when they are not the test results are considered scientifically invalid.
• The alcohol you consumed may not have been absorbed by your system when you were stopped by the police. This could mean the test given sometime thereafter produced an artificially high result.
• Breath testing for alcohol in a drunk driving case is not direct testing because the result is expressed in terms of blood alcohol concentration. The equipment measures the percentage of alcohol in your breath and then multiplies the result by a figure which applies to most people, but not to everyone, and possibly not to you. This can affect the accuracy of the test result.
• Your temperature may have been elevated when the breath sample was taken from you. This can result from illness, infection, and other causes, and can produce an inaccurate and artificially high test result.
• The testing equipment may have been affected by the type of radio frequency interference often produced by police radios, affecting the accuracy of the test.
• You may have medical or dental problems that interfere with accurate breath testing for alcohol.
• Your symptoms and drinking pattern may be inconsistent with the stated test results.

Should I get a lawyer? Why can't I represent myself?
You certainly have a right to represent yourself, but remember the very old legal maxim that goes, "He who represents himself has a fool for a client." A drunk driving charge requires an expert drunk driving attorney, someone who is familiar with the analysis methods, evidentiary issues and constitutional issues that will be faced in a drunk driving trial.

If you are going to seriously defend yourself against a drunk driving charge, you are going to need an experienced drunk driving attorney. How do you determine what kind of attorney you need? The attorney who prepared your Will, the attorney who handled your divorce, or the attorney who handled your personal injury or workers' compensation case will probably not be the attorney you need. The best way to find a qualified attorney is to ask questions of that attorney and establish his or her qualifications. The attorney you select must be someone who you have confidence in, who can communicate with you, can communicate with the court and understands the complex issues presented in a drunk driving case.

If you or someone you know in Dayton, Ohio or or the surrounding cities and counties of Ohio needs the assistance of an experienced OVI/DWI defense attorney, call Charles M. Rowland, II, today at  866-715-6759, or complete the contact form provided on this site to schedule your free initial consultation.

Professional Biography

Charles Rowland, II, places top priority on representing his clients vigorously and ethically to achieve the best results possible. He provides an atmosphere where clients can feel completely comfortable, knowing they are in the capable hands of an experienced drunk driving lawyer.

Please call Ohio OVI/DUI defense Attorney Charles Rowland today at  866-715-6759, or complete the contact form provided on this site to arrange for your free initial consultation.

Firm Address:
Charles M. Rowland, II
2190 Gateway Dr.
Fairborn, OH 45324
Telephone:  866-715-6759
Inquiries accepted 24 hours a day
After Hours Appointments Available
Free Initial Consultations

Charles Rowland has been a trial lawyer in the Miami Valley since the inception of his practice. He is a 1988 graduate of Beavercreek High School and a life-long resident of Beavercreek, Ohio. He graduated magna cum laude from Wright State University in 1992, earning a Bachelor of Arts degree in Political Science and a minor in Sociology with a concentration in Criminology. Charles earned the degree of University Honors Scholar with Honors from the Political Science Department, received the Academic Letter Award for his achievements in the National Mock Trial competition, was awarded Phi Kappa Phi distinction and was selected to represent Wright State University as a Student Ambassador to the People's Republic of China.

Charles M. Rowland II was awarded the H. E. Ashcroft Memorial Scholarship to attend Ohio Northern University's Pettit College of Law. While in law school, Charles studied International Law and European Economic Community Law at the University College London, Bentham Faculty of Laws. He was a finalist at the prestigious National Tax Moot Court Competition in Houston, Texas and for his efforts was chosen an Associate Justice of the Ohio Northern Moot Court Program and was named to the Order of the Barristers for excellence in appellate advocacy. He graduated in the top 25% of his class in 1995 and returned to the Miami Valley to begin his practice.

Charles Rowland has appeared as an expert on television, radio and in newspapers, authoring DUI-related articles for the popular "Ask an Attorney" section of the Xenia Daily Gazette, the Beavercreek News Current and the Fairborn Daily Herald. He was the 2004 Ohio State Bar Foundation recipient of the Community Service Award for Attorneys under 40 years old. In 2005, Charles Rowland was given the singular honor of being named a Fellow of the Ohio State Bar Foundation. In 2008 he authored a revision to Anderson’s Ohio Civil Practice along with the honorable Steven A. Wolaver and the honorable J. Timothy Campbell of the Greene County Common Pleas Court. Charles continues to write expert commentaries on criminal law for Lexis/Nexis.

Charles Rowland maintains memberships in the Ohio State Bar Association, the Ohio State Bar Foundation, the Green County Bar Association, the Dayton  Bar Association, the National College for DUI Defense, the National Motorists Association, the Ohio Academy of Criminal Defense Lawyers, the Association of Trial Lawyers of America, the American Civil Liberties Union, and is an associate attorney with the Cochran Firm, Criminal Defense Section, the National Association of Personal Injury Lawyers, and DUI Defenders, a national network of DUI defense lawyers. Mr. Rowland currently serves as President of the Greene County Bar Association.

In November 2005, Charles was re-elected to serve a four-year term on the Beavercreek Board of Education. He is co-founder and past-president of the Beavercreek High School Alumni Association, Treasurer of the Wright State Honors Advisory Council, advisor to the Board of Directors of the Beavercreek Wetlands Association, and has served on the St. Luke Parish Council where volunteered as a School of religion teacher. He has also served as President of The Community Network (TCN-BHS), Greene County's Mental Health and Drug/Alcohol Counseling provider and on the Legislative Committee of the Beavercreek Chamber of Commerce. Charles Rowland will teach Political Science 200 as a visiting professor for the Wright State University Honors Department in fall 2008.

Charles M. Rowland II has been a trial attorney since beginning his practice in 1995. He has served as a Special Prosecutor for Greene County, the Xenia City Prosecutor, as counsel for the Greene County Public Defender's Office and has helped indigent clients in consumer related cases with Southeastern Ohio Legal Aid Services. He represents traffic clients throughout Ohio on behalf of Interstate Trucker Ltd. and the National Motorists Association. Charles Rowland's practice areas include all phases of criminal defense, DUI/OVI law, traffic law, consumer law, personal injury/accident law, juvenile law and appellate practice. He stands ready to help you through the life-changing ordeal of a criminal charge.

Practice Areas:

• DUI/DWI/OMVI/OVI
• Speeding Tickets
• Driving Under Suspension
• Reckless Operation
• Traffic Matters

Courts Admitted:

• Ohio, 1995

Law School

• Ohio Northern University, J.D., 1995

College:

• Wright State University, B.A., Political Science, Honors, 1992

Professional Memberships:

• Ohio State Bar Association
• Ohio State Bar Foundation
• Green County Bar Association, Vice President
• Montgomery County Bar Association
• National College for DUI Defense
• National Motorists Association
• Ohio Academy of Criminal Defense Lawyers
• Association of Trial Lawyers of America
• DUI Defenders
• American Bar Association
• National Association of Criminal Defense Lawyers