Articles Posted in Breathalyzer Test

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On March 14, 2009 Dante Stallworth, a Cleveland Browns wide receiver accidentally ran over and killed a pedestrian in Miami. He was driving a Bentley that was heavily damaged from the impact. Stallworth cooperated with the police investigation, took field sobriety tests and provided blood work that was sent to a lab for examination. The result of the test was a .126, more than one and one half the legal limit in Florida. Yesterday, Stallworth was charged with DUI and DUI manslaughter. Reports place Stallworth drinking at a club shortly before the accident. A videotape shows Stallworth taking a field sobriety test known as the Horizonatal Gaze Nystagmus test. Florida law has a fifteen year maximum prison sentence for a conviction of DUI manslaughter.

Read Article: Dante Stallworth Charged With DUI Manslaughter

See Videotape: Stallworth Taped Performing HGN Test

In Massachusetts OUI Manslaughter is a crime under Massachusetts General Laws Chapter 265 Section 13 1/2. This is part of Melanie’s Law, Massachusetts’ newest and perhaps most strict version of Massachusetts OUI laws. The Massachusetts Manslaughter has a five year mandatory prison sentence and authorizes incarceration for up to twenty years.

Most likely, the issue facing Stallworth is not whether or not he was impaired when he was driving but whether his actions amount to DUI manslaughter under Florida law. This is a matter of fact that is determined by a judge or a jury.

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On October 18, 2008 New York Yankees ace pitcher Joba Chamberlain was arrested for DUI in Nebraska. The Lincoln resident was pulled over in his hometown for speeding. The trooper who pulled him over smelled alcohol on his breath and observed an open container. Chamberlain was given a breathalyzer test. He failed by blowing a .13, more than one and one half times the legal limit in Nebraska. Earlier today Chamberlain pleaded guilty to the drunk driving charge and was placed on probation. The open container charge was dropped. Part of the penalty requires Chamberlain to pay a four hundred dollar fine, complete an alcohol education program and lose his license for sixty days.

By all accounts this was a first offense for Chamberlain. Nebraska has a DUI statute that permits probation for first time offenders whose blood alcohol level is below a .15. The statute mandates a sixty day loss of license and a four hundred dollars fine. This is virtually identical to the sentence Chamberlain received. In some respects Nebraska DUI laws are more severe than in Massachusetts. There is a provision in Nebraska that requires a minimum mandatory two day sentence if the suspect blows a .15 or higher. In Massachusetts first offenders typically get what we call a “24D” disposition that requires a forty five day loss of license, fines, an alcohol awareness program and probation for one year. First time drunk drivers in Massachusetts can also obtain a hardship license that permits operation within a twelve hour period during the period of suspension.

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