Man Facing DUI Charge After Crashing Semi-Truck

A Florida man is facing DUI charges after crashing a semi-truck hauling a load of frozen food on I-75. According to the report, the man veered off the road and into the guardrail capsizing his truck. The semi overturned on the median shoulder and it was later struck by a U-haul box truck.

The driver sustained minor injuries in the crash, but no other injuries were reported. It is unclear from the report whether or not a breath test was administered at the scene or whether or not the police administered a field sobriety test to determine if the driver was drunk. However, higher standards apply to commercial truck drivers, so the 22-year-old defendant would need to have a BAC of below .04 as opposed to the standard of .08 which applies to commuters.

Analyzing the evidence against the driver 

There isn’t much evidence other than the accident to determine if the driver was drunk at the time of the crash or not. It is more than likely, however, that police will issue a blood test to determine his level of inebriation. In most cases, roadside breathalyzers are used to determine if someone is over the legal limit for a BAC. However, blood tests are the most accurate way to determine if someone is drunk. Blood tests have the smallest margin of error as well.

During a blood test, the amount of alcohol is measured in the blood by heating up the blood. However, the blood must be stored properly before this occurs. If the blood isn’t refrigerated, it could arbitrarily inflate the suspect’s BAC which could result in a false positive.

Beating a blood test in court is very difficult. However, the results of the test take longer to come in. In this case, we don’t know what the driver’s BAC was at the time of the accident, if he was drunk or on something else, or any of the details surrounding his arrest, so we can only speculate as to what the police were thinking when they issued the arrest. He could have, alternatively, fallen asleep at the wheel, have a medical condition that makes it more likely that he would fall asleep at the wheel, or a number of other explanations that don’t involve intoxication.

Preparing a defense to DUI charges 

The police will likely run a blood test on the driver to determine what he was on at the time of the accident. If the blood test comes back negative, the charges against him may be dropped. However, it’s possible that any number of legal substances such as kratom could be found in his bloodstream. If so, then the driver would still face charges of DUI, just not for alcohol consumption. The law makes it possible to charge a driver for driving under the influence of almost any psychoactive substance.

Talk to an Orlando DUI Attorney Today 

FL DUI Group represents the interests of drivers who are suspected of driving under the influence of drugs or alcohol. Call our Florida DUI lawyers today to schedule an appointment and we can begin discussing your defense immediately.

Source:

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