Multiple drunk driving charges may amount to a felony. A felony DUI charge may also be brought if children were in the car, if drugs were used, or if the person caused a death. A Michigan man is accused of driving while intoxicated causing death and fleeing the scene of an accident. He faces two felony charges with sentences of 15 years each.
Michigan State Police received a report of a crash between two vehicles. At the scene, they found a person lying next to a vehicle, who was later pronounced dead by emergency responders. Two other people inside the car had sustained injuries.
The other vehicle's driver was not present at the scene. Police, in a search of the car, found a driver's license and traced the driver to his home. The suspect had head injuries and was lying on the floor.
Police interviewed the suspect regarding the accident, but he denied being involved in it. He stated that he had not been drinking, that his car was in the driveway and that, if it wasn't in the driveway, he would have to report it stolen. Police gave him a breath test and allegedly found that his blood alcohol level was 0.12, which is above the legal limit. He was treated for his injuries and later arrested. Because a complete crash reconstruction report is still not available, the suspect's preliminary examination was postponed to the end of February.
Sometimes the breathalyzer does not capture correct data, and an accused person may challenge its readings if the police did not properly maintain the device. Sometimes, police use the same language for all field sobriety tests, and these test reports can also be challenged. Because DUI convictions may lead to serious penalties, an accused person must proceed with caution and make every effort to prove innocence.
Source: M Live, "Court hearing adjourned for Pinconning man charged with drunken driving death of Beaverton man," Cole Waterman, Jan. 24, 2013