A 44-year-old Utah man is facing DUI charges following a car accident. According to police, the man was driving without a license in late May in the parking lot of an apartment complex when the accident occurred. Police claim that the man was speeding when he hit a Jeep. Following this incident, Salt Lake City police say the man continued on and hit a 79-year-old pedestrian. The pedestrian suffered serious injuries and later died as a result of the accident.
Following the accident, police allege that the 44-year-old man continued to drive for a few minutes before police were able to stop him. When he was stopped police claim that the man had slurred speech and smelled like alcohol. Eventually, a breath test was conducted and the police say it showed that the man had an elevated blood alcohol content level. In fact, police claim that his BAC level was almost three times the legal limit of .08 percent.
The man is now in police custody and has been charged with driving without a license, leaving the scene and DUI.
When police suspect that a person is driving with an elevated BAC level, the police can perform a variety of different tests. These tests include a field sobriety test, a breath test, a blood test or a urine test. In each case, these tests have very specific rules that must be followed as the tests are carried out. If police do not adhere exactly to the rules of the tests, the results may be inaccurate. These results can be excluded as evidence against someone in court.
Therefore, people accused of DUI need to be aware of the potential challenges they can bring against the police evidence. With the right criminal defense help, they may be able to avoid penalties for DUI.
Source: Daily Herald “DUI charges filed in hit-run that killed man, 79,” June 12, 2014