The Philadelphia DUI Law Blog

Lincoln Univ. Student Arrested for 2011 Fatal DUI Crash in Chesco

It's probably the No. 1 reason for making DUI laws stronger: Car accidents, especially those that result in severe injuries, property damage, and death, are bleak reminders of the effects of intoxication on the ability to drive.

Phillip Tomsic, a Lincoln University student from Grand Junction, Mich., was involved in a fatal accident in Chester County in 2011, according to the Philadelphia Inquirer. Now the 22-year-old has been charged with homicide by vehicle while DUI and other related charges, after having an alleged blood alcohol concentration of 0.089% at the time of the crash.

Tomsic was a criminal justice major at Lincoln, and was driving to get some food in a borrowed car when the accident occurred, according to the Inquirer. One passenger was killed and the other was severely injured, losing his right foot and left leg below the knee.

In general, when there is a fatal DUI-related crash like this, the driver's BAC is well over the legal limit and he would face an aggravated DUI no matter what. In this situation, Tomsic's BAC was only a bit over the legal limit.

However, that is the reason for "per se" limits in DUI laws. "Per se" means that you can be convicted of a DUI simply because your BAC is 0.08% or higher, no matter if you are visibly intoxicated or not.

Had there been no alcohol in Phillip Tomsic's system, he could still have faced charges of reckless driving for going 85 mph on surface streets, in addition to his vehicular homicide charge.

If you feel like you were in a situation in which there was a question about your BAC levels, call a Philadelphia DUI attorney to help deal with your DUI arrest and get the best outcome for your case.

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