DUI Leaves One Underwater and One Up a Creek - The Philadelphia DUI Law Blog

The Philadelphia DUI Law Blog

DUI Leaves One Underwater and One Up a Creek

In Montgomery County another tragedy has been caused by a DUI. According to WPVI-TV, Howard Christy II was arrested recently for allegedly flipping his car into the Perkiomen Creek while drunk, killing the passenger who was trapped underwater.

At the time of the accident, Christy’s license had been suspended. Afterwards, Christy was treated at the hospital for hypothermia and other injuries, where his blood alcohol content was measured at .12 percent 12 hours after the crash, reports CBS Philly. A open bottle of vodka was found floating near the car.

Christy has been charged with DUI, homicide by vehicle, and other charges. One question is whether he has any valid defenses to the DUI charge. Often the defenses for DUI are challenges to the way evidence is taken and how intoxication was measured.

One problem with the evidence in this case is that when you wreck the car and there are witnesses that pull you directly from the driver's seat, there aren't many angles to attack the fact that you were driving.

Also, it will be difficult to challenge his blood alcohol reading. Blood tests are far more accurate than either a breath test or a field sobriety test. What makes it worse is that Christy's blood alcohol was over the DUI limit even 12 hours after the accident.

Since there are so many aggravating facts surrounding this DUI, it is most likely that Christy would face a variety of punishments. These could include jail time, fines, probation, assessment and treatment for alcohol abuse, and installation of an ignition interlock device.

All in all, Howard Christy will likely pay his debt to society for this unfortunate accident.

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