Earlier this year, prosecutors in Broward County filed charges against a man who allegedly caused a New Year’s Day crash in Fort Lauderdale that killed a teenager. However, despite there being no breath or blood evidence, prosecutors still chose to file a charge of DUI manslaughter. How can this be?
For the answer, we look to F.S. 316.193, Florida’s DUI statute. In order to prove a defendant was driving under the influence, prosecutors need to show the individual was driving or in control of a motor vehicle and that they also met one of the following criteria:
- Had a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood;
- Had a breath-alcohol level of 0.08 or more grams of alcohol per 210 milliliters of breath;
- Were under the influence of any alcohol or chemical substance to the extend the person’s normal faculties were impaired.
It is that last provision on which prosecutors are hanging their had in this case. Continue reading