Driving drunk carries with it very serious penalties, especially for motorists who are involved in a car accident when they are intoxicated. Any drunk driving accident lawyer in West Palm Beach knows that it is far better to make the choice to stay sober than to take the risk of getting drunk and getting arrested or hurting yourself or others.
One recent case reported by WFTV illustrated yet again why you should never drive drunk: because avoiding conviction is challenging when the evidence shows you are impaired.
Florida Supreme Court Rules Against Drunk Drivers
Many different types of evidence can be used against intoxicated drivers in both a criminal and civil case in order to prove that the motorist was drunk. The evidence can include field sobriety tests, blood tests and breathalyzer tests.
Recently, three suspected drunk drivers were hoping to examine software from a breath test in order to prove that the software was inaccurate. These drunk drivers wanted to take this step so that they could discredit the breathalyzer evidence that was being used against them in order to hopefully avoid conviction and penalties for driving while impaired.
The judge, however, indicated that the defendants could not subpoena documents from the breathalyzer company because it was not a party to the criminal action, because it was a non-party witness and because it was out-of-state. Without being able to access the software, the defendants will now have a difficult time proving that the breath test was inaccurate. The results of the breath test can be used against them and a breath test reading above .08 could be strong evidence making conviction for impaired driving likely.
While breath tests can sometimes be called into question, intoxicated drivers who are involved in accidents that hurt or kill someone are usually given blood tests after the crash to determine the level of alcohol in their bloodstream and to assess whether they have any illegal drugs in their system. Blood test evidence is usually even more persuasive in civil and criminal trials.
Those who want to avoid being convicted of a drunk driving offense have one clear option available to them in order to do so: stay sober behind the wheel this holiday season. Many of the biggest drinking days of the year are coming up, including the Thanksgiving holiday and New Years day. Drivers need to make a commitment to avoid getting in the car after consuming drinks both through the holidays and for the rest of the year as well.
To make sure you keep your commitment and avoid a life-changing mistake, be sure to have a plan in place (like a designated driver on call) before heading out to have a good time this holiday season.
If you've been injured in an accident, contact a drunk driving accident lawyer in West Palm Beach today. Call David J. Glatthorn at 800-990-9394 for a free case review.