A drunk driving arrest involving a fatal accent is a situation in which nobody would ever choose to be. While many people think they might get arrested for DUI if they have had one too many drinks at the bar before getting behind the wheel, most people aren't thinking about being involved in an accident. They certainly aren't thinking about being involved in a fatal traffic accident.
According to a recent news article from AL.com, a husband has just been charged in connection with his wife's death as result of an alleged drunk driving traffic accident in Jefferson County, Alabama. Jefferson County sheriff's deputies were notified of a suspicion of drunk driving early one morning. When they arrived on the scene, they found a 27-year-old man walking in the road.
When deputies approached the man, he allegedly told them he was just involved in a car accident. He also is said to have told them his wife was trapped in his car following the accident. When the deputies located suspect's car, they found it had rolled completely over and was resting upside down with its roof on the ground. Suspect's wife was found in the back seat and was already dead by the time authorities arrived. It should be noted, this was not an SUV, as we typically see in rollover accidents, but instead it was a 2003 Chevrolet Monte Carlo, which has a relatively low center of gravity.
At this point, authorities took suspect to a local hospital where hospital personnel administered a blood test to determine his blood alcohol content. It is alleged blood alcohol content (BAC) was substantially over the legal limit. As our Birmingham DUI defense attorneys can explain, the legal limit in the state of Alabama is 0.08 grams of ethanol (drinking alcohol) per hundred milliliters of blood.
Prosecutors say when defendant was questioned following being taken into custody, he admitted to driving the car the morning of the fatal crash and to drinking alcohol before getting behind the wheel. Following his arrest, prosecutors charged defendant with multiple charges of DUI, reckless manslaughter and criminally negligent homicide.
One of the most common misconceptions in cases involving fatal DUI accidents is that it is essentially a murder case. While it is a case involving the death of an alleged victim, an experienced DUI defense attorney will be familiar with the science and technique required to mount an effective defense. There are attorneys who have handled numerous murder trials but know very little about how to defend a DUI case, and you should seriously consider this when choosing your attorney.
You should ask your attorney if he is familiar with the standardized field sobriety tests (SFSTs) as established by the National Highway Traffic Safety Administration (NHTSA), and the most effective ways at challenging their alleged results in court. You should also ask your prospective attorney whom he chooses to handle the blood testing results in court. For example, many hospitals use hand sanitizer for their personnel, and this could be ethanol-based, as could the alcohol swab used prior to drawing blood.
Husband charged in wife's death after weekend DUI crash in Jefferson County , July 14, 2015, AL.com
More Blog Entries:
User Rights: Testing THC Without a Breathalyzer, June 7, 2014, Birmingham Underage DUI Defense Lawyer Blog