Florida Man Charged With DUI After Daycare Crash
The daycare was closed at the time of the crash. Witnesses say they saw a man lose control of his vehicle, blow through some trees, and crash into a daycare. A witness who called police reported that they saw a man trying to exit the vehicle. When police caught up with the man, they found him wandering the parking lot. The man told police that his alignment had broken for the fifth time. He was also charged with indecent exposure likely for urinating in public. The man told police he’d had a few beers while his friend was working on his car.
He has been charged with DUI causing property damage, but the charges could be reduced to simple DUI if he can establish that his alignment caused the accident and not his drunkenness. In other words, if the accident was unavoidable due to the alignment problem, then he can’t be charged for DUI causing property damage because the property damage was not directly connected to the intoxicated driving. So, it’s possible the charges against him can be reduced to simple DUI, but he is still responsible for his defective vehicle, will be expected to repay the damage, and he will still face charges of driving while under the influence.
Analyzing the arrest
Police were called to the scene to report a vehicle that had crashed into a building. The witness called the police and reported what had happened. Police arrived at the scene and found the man wandering the parking lot. They determined the vehicle belonged to him and that he was the one driving when the crash occurred. The police then conducted a field sobriety test on the man which they said they had to stop for his own safety. They arrested him on suspicion of DUI and brought him to the police station where they conducted a breath test. The breath test determined that he was over the legal limit. Since property damage was involved, he was charged with DUI causing property damage.
Further, since his BAC was determined to be more than 3 times the legal limit, he will face aggravated DUI charges even if the police cannot charge him with DUI causing property damage. Both qualify for enhanced penalties. The driver will face first-degree misdemeanor charges as opposed to second-degree misdemeanor charges.
The police have established that they were called to the scene of an accident, so the stop was legal. They found the defendant in a state of stupor, conducted a field sobriety test, failed him, and on that basis, arrested him for suspicion of DUI. Chemical tests confirmed that the driver was over the legal limit. However, the tests must be performed properly. Thus, his only avenue of defense is to fight the chemical tests.
Talk to an Orlando DUI Attorney Today
If you have been arrested for DUI in the Orlando area, call the Florida DUI defense lawyers at the FL DUI Group today to schedule an appointment and we can begin preparing your defense immediately.