for LEO's, question on DWI/DUI

[mrhnau]

Quick question...My wife got in a wreck last week and the guy was charged with a DWI. The resultant decision from the insurance agencies are going to depend on if that charge sticks. What are the odds of it staying there? What will be the conditions of it sticking?

Also, the guy went to the hospital (hit his head, no seatbelt). How quickly will alcohol content in his blood dissipate? Should I be worried about them checking that two hours later? Will this be accounted for?

My wife has some whiplash from this thing, and her back is hurting quite a bit, so its really been a pain to deal with. Luckily the car will not be totaled. We just finished paying it off! go figure... Same thing happened with my Mustang a few years ago. Just finished paying it off, and it got stolen! grr! :tantrum:

 

[rutherford]

I'm sorry to hear about the accident and your wife's injuries. I wish her a speedy and complete recovery.

 

[michaeledward]

The liver breaks down alcohol at approximately 1 ounce per hour. It is a simple calculation that should be able to be taken into account.

Sorry to hear about the accident.

Check your policy to see the 'Limits of Liability'.

 

[Jade Tigress]

Don't have an answer to your question but I'm sorry about the accident. I hope your wife recovers quickly and completely. Bummer about your cars too...that would so suck. Hang in there and good luck with the coverage.

 

[SFC JeffJ]

I'm another who doesn't have any info for you, but wishing your wife a speedy recovery!

Jeff

 

[arnisador]

In NM last year, a guy was caught driving drunk, but he was tested an hour or so after he was pulled over. His lawyer successfully argued that he might have been sober when he was driving--that he had drunk a large quantity of alcohol and was driving home before it hit his bloodtream and took effect. (This is a weaselly thing to argue, but what can you do.) He...won! The outcome was that a specialist would have to testify at every drunk-driving trial about how the delay affects the readings. The state was trying to get this changed.

Anyway...depending on how high the reading was, as mentioned, you should be OK.

 

[Ping898]

I don't have any info to add, but i wish your wife a speedy recovery!

 

[Carol]

Not a LEO, Mr. H. However, my former husband got called in to serve jury duty a couple of times at my county's Superior Court. Both times were drunk driving cases.

What I can share is what I've learned as a result of his experiences serving on trial. I don't know if it helps or not.

Quick question...My wife got in a wreck last week and the guy was charged with a DWI. The resultant decision from the insurance agencies are going to depend on if that charge sticks.

What are the odds of it staying there? What will be the conditions of it sticking?

That's really tough to say. Depends on the evidence, the prosecution, the defence, the jury, and how the trial goes. Too many variables to lay down odds. My ex served on one case where there was a DUI charge along with another charge (Reckless driving, or something to that effect). It's possible to get a conviction on the lesser offence and not the DUI.

Also, the guy went to the hospital (hit his head, no seatbelt). How quickly will alcohol content in his blood dissipate?

I've heard what Mike quoted, that the liver metabolizes alcohol at about 1 ounce per hour. However, the speed of metabolization depends on what other substances are in the person's system (food, other drugs, etc.), the size of the person (larger people can metabolize alcohol more quickly), the health of the person (certain health conditions can change metabolic rate), and whether they are male or female (men generally metabolize alcohol more readily than women).

Should I be worried about them checking that two hours later?

Maybe. If a blood test was done at the hospital, that may help your case as a blood test is more accurate than a breath test However, if the delay dropped his BAC to a level below state limit, then it is going to be more difficult to prove that he was intoxicated when he was behind the wheel.

Will this be accounted for?

By "accounted for" do you mean that a speculation may be posed that his BAC was higher than what the blood test said? That is up to the prosecution of the case. However, that becomes a shaky ground for proof beyond a reasonable doubt.

That could, however, lead to grounds for a conviction on reckless driving or driving to endanger...IF the driver was cited for those charges at the time of his arrest.

My wife has some whiplash from this thing, and her back is hurting quite a bit, so its really been a pain to deal with. Luckily the car will not be totaled. We just finished paying it off! go figure... Same thing happened with my Mustang a few years ago. Just finished paying it off, and it got stolen! grr! :tantrum:

I'm really sorry to hear all of that. I hope everything goes as well as it can for you. Good thoughts and prayers headed in your direction!

Do keep posting to let us know how you all are doing!