The Sun-Sentinel reported on November 15 that a 48-year-old man turned himself in to Broward County jail to face driving under the influence (DUI) manslaughter charges following a July 15 crash along the Davie Road Extension near North 78th Avenue. According to an arrest report, a man driving behind the alleged offender told investigators that “9 or 10” times before the crash he saw the alleged offender’s GMC Sierra “drifting out of its lane and moving into oncoming traffic and that its turn signal was activated in the direction the pickup was drifting.”
The Sierra struck a northbound Toyota Scion and then hit a Kia Forte, the latter collision resulting the death of a 60-year-old grandmother. According to the Sun-Sentinel, the alleged offender fainted when being treated at the scene of the crash and again while giving consent to have his blood drawn. He is accused of having a blood alcohol concentration (BAC) of 0.24, or three times the legal limit.
One week before that story was published, the Sun-Sentinel reported that a 25-year-old man was booked into the Broward County jail Tuesday in connection with the death a 30-year-old woman and two of her children on April 24, 2016. The Sun-Sentinel reported that the alleged offender’s car went out of control and overturned in a construction zone on Interstate 75 as he and the 30-year-old woman argued while he was driving.
The arrest report stated that the woman recorded some of the argument on her cellphone, including the alleged offender’s comment that he was intoxicated. Blood was drawn from the alleged offender about three hours after the crash while he was hospitalized and unconscious because the investigating trooper noticed signs of impairment, and test results showed the alleged offender’s BAC to be 0.14. According to the Sun-Sentinel, the alleged offender faces 19 charges, including two counts of aggravated manslaughter of a child, DUI causing death, and vehicular homicide.
DUI Defense Attorney in Broward County, FL
Like every other state in the nation, Florida has “implied consent” laws which effectively state that all people agree to submit to law enforcement requests for testing when they are stopped for DUI simply be being licensed to drive in the Sunshine State. While people may still be able to refuse requested tests, Florida Statute § 316.1933(1)(a) empowers police officers to require drivers to submit to blood tests—by reasonable force if necessary—if they have probable cause to believe that motor vehicles driven by or in the actual physical control of alleged offenders under the influence of alcoholic beverages have caused the death or serious bodily injury of a human being.
If a person refuses to submit to breath or blood test when stopped for an alleged DUI offense, his or her driver’s license will automatically be suspended for 12 months if it is his or her first refusal. A second or subsequent refusal triggers an 18-month suspension of driving privileges.
Even when DUI arrests do not involve motor vehicle accidents, the criminal charges can still be very serious and carry several long-term consequences. Many alleged offenders will see increased automobile insurance rates, and some alleged offenders who are considered high risk may be required to obtain “FR-44 insurance” (FR stands for financial responsibility) demonstrating that a person’s policy satisfies predetermined bodily injury liability and property damage liability limits.
Whether you have been arrested for DUI manslaughter, DUI causing serious bodily injury, or a DUI that did not involve a motor vehicle collision, it is in your best interest to immediately retain legal counsel for help possibly having the criminal charges reduced or dismissed to minimize the damage to your criminal record. Fort Lauderdale criminal defense lawyer Evan A. Hoffman aggressively defends residents of and visitors to communities all over Broward County, such as Margate, Dania Beach, Lauderhill, Hallandale Beach, and many others.