March 03, 2020
Nicholas A. Goyal faces DUI charges after his sedan crashed into an SUV on Coliseum Blvd. According to police, Goyal had a blood alcohol content that was nearly three times the legal limit. The legal limit in the United States is .08.
Goyal will face charges related to the death of the other driver involved in the crash. He will also face other counts of criminal recklessness. 21-year-old Andrew Carpenter died in the accident.
On October 13th, just after 9 p.m., police arrived at the intersection of Colosseum and Executive between Lima and Goshen roads. Goyal’s Buick LaCrosse t-boned Mazda’s CX-7. Authorities say that the crash caused a fire. Four individuals who were in the SUV were immediately taken to the hospital. Among them was Andrew Carpenter, who had sustained life-threatening injuries. Carpenter was placed into a medically induced coma upon arriving at the hospital and died ten days later from his injuries. The other three were treated and then released.
Goyal told police that he was driving eastbound on Colosseum when the Mazda “pulled out in front of him.” However, police noted that Goyal had difficulty removing his wallet from his pocket and that his speech was slurred. This is important because police must be able to prove that they had probable cause before ordering a driver to take a breath test.
The police did demand that Goyal take a roadside breath test, and that is when they determined that he had three times the legal limit of alcohol in his bloodstream. Goyal blew a .235. He was then arrested, and the police required Goyal to take a blood test. The blood test revealed that his BAC was .24.
There is a great deal of confusion surrounding blood and breath tests. Scientifically speaking, the only way to correctly determine someone’s blood alcohol content is by testing the blood directly. While breathalyzer tests can be useful indicators, there are a number of things that can cause a false positive. This is why police administer them roadside as cause for placing someone under arrest. They then bring them back to the station, where they are required to give their blood. The blood is tested, and if the test is carried out correctly, then it will reveal the individual’s blood alcohol content.
Breathalyzers, on the other hand, attempt to draw a correlation between the amount of alcohol on your breath and the amount of alcohol in your blood. To do this, they use an equation to estimate the amount of alcohol in your bloodstream from the amount of alcohol on your breath.
If you are being charged with DUI, then you need an attorney who will protect you from crusading prosecutors on a mission to overcharge folks who just made a mistake. Call The Bellinger Law Office today to schedule an appointment.
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