Elementary School Dean Charged with DUI
A Polk County elementary school dean has been charged with driving under the influence of alcohol. The Polk County Sheriff’s Office announced that 48-year-old Willie English, Jr. of Avon Park was picked up at 12:15 a.m. English told officers that he was the dean of Sun ‘N Lake Elementary School in Sebring and a part-time supervisor at TrueCore Behavioral.
Deputies reported finding English “with bloodshot and watery eyes”. English claims that he only had one drink after leaving work. Police issued breathalyzer tests later and found that English had blown a .98 and .99 which is over the legal limit of .08.
What Will Happen to the Dean?
Regardless of where he works, this dean will be charged with operating a motor vehicle under the influence of alcohol and will very likely lose his job in a position of authority over children. However, the results were within the range of error of .02, which means that the breathalyzer results could be disputed by an attorney. That probably won’t stop the school from suspending English pending an investigation. He doesn’t need to be convicted of DUI to lose his job.
Are Breathalyzer Tests Reliable?
No, they certainly aren’t. They can be used as indicators and presented as evidence in court, but a skilled Florida DUI attorney can call the results into question. One of the best ways to call the results into question is by establishing that there is a range of error for the breathalyzer tests. In this case, English blew .98 and a .99. If we add in the range of error, English may only have had a .78 or .79 BAC which is within the legal range.
Can Breathalyzer Tests be Used as Evidence?
Yes, they can. Regardless of the scientific validity of using breath results to determine someone’s blood alcohol content, the results can be presented as evidence in a criminal DUI case and very often are. The issue that prosecutors have when using these results is the fact that most DUI defense attorneys are well aware scientific problems surrounding breathalyzer results.
However, that doesn’t stop police officers from presenting evidence that a defendant failed a field sobriety test when these tests have even larger margins of inaccuracy than breathalyzers do. The point is that you need an attorney who is familiar with breathalyzer tests, how they work, and when they fail to successfully beat a DUI charge.
The only way to accurately test a person’s BAC is by testing the blood itself. A specific amount of blood is taken and then the sample is heated up burning off the alcohol. An accurate BAC can only be gleaned by testing the blood.
Let Us Help You Today
You can be charged with DUI if a breathalyzer test says that your BAC is above .08. Yet these tests produce false positives all the time and have an established margin for error. Before taking a plea deal, talk to the Florida DUI defense attorneys at FL DUI Group to learn more about how we can help.