Volusia County Woman Facing DUI Manslaughter Charges After Death of Pedestrian

Daytona Beach police have arrested a 24-year-old woman for DUI in a crash that killed an out-of-state pedestrian who was in town for the Rolex 24. The woman will face charges of DUI manslaughter for the death of the pedestrian. The pedestrian was identified as a 58-year-old man from Michigan who was attempting to walk across Seabreeze Boulevard in a marked crosswalk when he was struck by the suspect’s 2020 Kia Rio around 3:05 a.m.

According to the article, a review of the traffic flow as seen on surveillance footage seems to suggest that the suspect would have had a green light at the time she struck the pedestrian. In addition, the pedestrian was severely intoxicated at the time of the accident having a BAC of .184. The suspect refused to submit to a blood alcohol test but was forced to take one at the station due to the fact that she was involved in an accident causing death. Police required a warrant to obtain this blood sample from the defendant. It showed she had a BAC of around .116.

In addition to this evidence, police found that the Kia recorded itself accelerating to 57 mph in a 30 mph zone up until two seconds before the crash. The suspect never hit the breaks before impact.

DUI blood alcohol warrants 

In the case of Missouri v. McNeely, 569 U.S. 141, 152 (2013), the United States Supreme Court set forth a clear rule for police officers to obtain blood alcohol samples without the consent of the suspect. In drunk driving investigations where a police officer can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so. In other words, police need a warrant before taking a blood sample from a suspect involved in a DUI. This almost never happens unless someone is killed or critically injured in a DUI accident.

In State v. Liles, 191 So. 3d 484, 486 (Fla. 5th DCA 2016), the rule is also made clear. “To comply with the Fourth Amendment, law enforcement officers must obtain a warrant or consent for a blood draw, or there must be some other exception to the warrant requirement.”

One such exception exists to the warrant requirement. “When the exigencies of the situation make the needs of law enforcement so compelling that a warrantless search is objectively reasonable under the Fourth Amendment. McNeely, 569 U.S. 6 at 148–49.

So, in most cases, law enforcement would need a warrant to execute a search of your bloodstream for alcohol content.

Talk to an Orlando DUI Attorney Today

 The Florida DUI defense attorneys at FL DUI Group represent the interests of those who have been charged with DUI. Call our office today to schedule an appointment, and we can begin preparing your defense right away.

Source:

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