Drivers in Delafield are undoubtedly aware that it is against the law to operate a vehicle under the influence of alcohol or drugs. Being stopped, arrested and charged with drunk driving can lead to various penalties. If there is an accident and the circumstances are of sufficient severity, there can be a charge of homicide. Those who are arrested for driving under the influence in any way need to make certain that they have a strong defense planned to avoid a conviction.
A man who was arrested after a crash in early January is now facing charges of homicide. This arrest was made after a head-on accident in which the man in the other vehicle died 10 days after the accident. The man who was arrested, who is 21-years-old, has been charged with two different forms of homicide by vehicle. When law enforcement officials investigated the accident, they allegedly discovered that the man smelled of alcohol. He was reportedly asked if he had been drinking and replied that he had. Since the man was injured, he was not able to take part in any field sobriety test.
While at the hospital, law enforcement officials state that the man reportedly admitted to having had several beers the previous night and might have had some alcohol out of a flask. He claimed to not have had an alcohol that morning and was on his way to work when the accident occurred. Blood was drawn at the hospital for testing. In their investigation, law enforcement officials say that they found prescription bottles. His mother stated that he uses Adderall and trazadone. At the hospital, he had a bottle of amphetamine/dextroamphetamine on him. A witness stated that he saw the man's vehicle cross the center line and urgently go back into his own lane. This happened again and the crash happened.
Although the evidence seems significant in this case, that does not mean there is no chance for an acquittal or having the charges reduced. For example, the absence of field sobriety tests might benefit his case. Or, the blood test could show that he was not under the influence of alcohol, but that he had a negative effect from the prescription medications he was taking legally. Regardless, he needs to make certain that he understands his rights.
Source: fox6now.com, "Waukesha man facing homicide charges after head on crash suspected of drunk driving; had pills in car," Katie Delong, Jan. 16, 2017