It is easy for people to make assumptions. For example, it may seem easy to assume that a person who is involved in an accident while off-roading was under the influence of alcohol. However, drunk driving charges cannot be supported on the basis of assumptions alone. A Texas man is facing accusations of drunk driving after a recent fatal accident in Austin.
According to police, the 28-year-old driver and three males were off-roading one evening in January at a remote location when the accident occurred. Reports indicate that the vehicle containing four occupants flipped before catching fire. Three of the occupants were able to exit the vehicle.
Unfortunately, the remaining passenger, a 16-year-old, died. Police say that they had difficulty accessing the site of the crash due to its remoteness. When they arrived, they claimed that the driver smelled of alcohol. On the day after the crash, he was charged with driving while intoxicated with regard to the tragic accident.
Assuming that the reports that the man smelled like alcohol were true, smell is not sufficient evidence to support claims of drunk driving. There are a variety of different scenarios that could have caused the man to smell of alcohol without actually consuming it. In all criminal cases, prosecutors must provide sufficient evidence to prove guilt beyond a reasonable doubt. Because of the serious consequences of a conviction, many in Texas facing such charges have found having the guidance of an experienced attorney helped them make informed decision about the direction of their case.
Source: kxan.com, "Man charged with DWI in crash that killed Hays HS student", Dave Byknish, Jan. 12, 2016