Now a resident of Tampa General Hospital, a Florida man who allegedly crashed his truck with his children ages 7 and 11 inside, was charged with two Felonies – Driving on a Suspended License as an HTO(Habitual Traffic Offender) and Child Neglect; as well as two misdemeanors, including DUI with persons under the age of 18 and DUI with property damage. Technically, the defendant could also face another misdemeanor DUI, another count of DUI with persons under the age of 18 and depending on the condition of the children multiple counts for DUI personal injury or Felony DUI Serious Bodily Injury.
According to the news report, the defendant submitted to a battery of field sobriety exercises and did not perform to the officer’s satisfaction. Following this performance, or lack thereof, the officer asked the father to submit to a breathalyzer exam wherein he produced results of 0.172 and 0.175. In Florida you are presumed to have committed DUI if you have been found to be driving with a Breath Alcohol Content (BAC) of over .08. Similarly, you can also be arrested for DUI if found to be driving and having a BAC over .05, but under .08, as the State has what is coined a rebuttable presumption of DUI, however most State Attorney’s Offices do not allow cases with less than .08 reads to go forward.
The defendant in this case faces many years in Florida State Prison. If you have been charged with DUI, have DUI questions or would like to see some of our recent DUI results in places like PASCO COUNTY, HERNANDO COUNTY, PINELLAS COUNTY, SUMTER COUNTY, CITRUS COUNTY or ALACHUA COUNTY, please click the appropriate link. If you’d like to see more information about Tampa DUI Lawyer Whittel & Melton, LLC or need to call the office, we can be reached at 1-800-608-LAW(5529) or an email can be sent from our Contact Page at www.flcounsel.com.