The complexities of drunk driving charges can often be confusing. Additionally, penalties for the offense are becoming harsher. Because of this, a person who has been charged with a DWI will want to clearly understand his or her rights in the situation, especially if someone has been hurt.
It was truly a horrible accident when a man recklessly drove through the Minneapolis-St. Paul International Airport in December. He was driving too fast and failed to stop before he hit a small boy who was crossing the street. There was no attempt made to avoid the boy, who suffered a number of broken bones in the accident. The man then crashed his car into a concrete wall.
According to reports, the man was not even supposed to be at the airport, and was directed there mistakenly by his global positioning device. It is unclear why the man did not stop or attempt to avoid hitting the boy. The man says that he did see the family, though.
When the man was brought to the hospital, his blood-alcohol level was measured to be .07 percent, which is under the legal limit for driving. The test was performed nearly two hours after the accident. The complaint suggests that one could estimate that the concentration would have been much higher if the test had been performed earlier. The man was charged with third-degree DUI and criminal vehicular operation.
The process of guessing or estimating what a person's blood-alcohol level could have been at some point can be dangerous. Estimates can be far off, or just wrong enough to change the level of a violation. Therefore, the number that is recorded at the time of a breath test is likely the most accurate.
However, the man in this case also reportedly told police that he had consumed four glasses of wine prior to driving his car. That statement is now part of the complaint filed, which may affect charges and sentencing. In situations like this, a person may want to obtain legal assistance prior to speaking with the police because everything that is said can be used against a person.
Source: Star Tribune, "Charges: Driver was drunk when he ran over boy at MSP to greet soldier dad," Paul Walsh, Jan. 27, 2012
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