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Teammate dies due to DUI – Dallas Cowboys

Teammate dies due to DUI – Dallas Cowboys

A sad story, yet powerful portrayal of how devastating driving under the influence “DUI” can be.

According to TMZ. com, on December 8th at 2AM, Dallas Cowboy nose tackle football player, Josh Brent, flipped his Mercedes over into the middle of the street by hitting a sidewalk curb at high speeds while DUI.  In the car with Brent was passenger and teammate linebacker Jerry Brown.  When police approached the scene they saw Brent pulling the lifeless body of Brown from the smoking upside down vehicle.  Jerry Brown was later pronounced dead at a local hospital.

Police suspected DUI.  Josh Brent was subjected to DUI field sobriety tests and failed.  He was also taken to the hospital where he had his blood drawn to render DUI blood alcohol levels.  Blood results have yet to be released to the public.  Brent was arrested and booked by police.

Josh Brent has been charged with one count of intoxicated manslaughter and could face up to 20 years of prison if found guilty.  Brent has a prior conviction of DUI on his record, while in college he pled guilty to a DUI misdemeanor.

What has been learned from this story?  Being convicted of DUI isn’t just simply a slap on the wrist by paying court fees, possible jail time, and losing your license.  DUI’s can cause much more devastation;  years of jail time, loss of your career and life as you know it, and even the loss of someone’s life.

 

Written by S.O

Know Your DUI Rights!

Know Your DUI Rights!

KNOWLEDGE is POWER!  Know your DUI RIGHTS!

When questioned by law enforcement in Washington State about DUI make sure to exercise your rights.

1.  Exercise your right to an attorney, either a private DUI attorney or a public defender.

2.  Exercise your right to remain silent during the DUI questioning.

3.  Do not consent to detention or search of any type of personal belongings, home, or vehicle.

4.  Refuse to perform the DUI field sobriety tests.

5.  Refuse to take the DUI portable breath test.

6.  Do cooperate at the police station and take the DUI breath test or blood test, unless advised not to do so by your DUI attorney.

 

Published by Washington State defense attorney David O

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DUI Charge Even With a Breath Test Under the Legal Limit

DUI Charge Even With a Breath Test Under the Legal Limit

It’s unfair but true you can be charged with a DUI in Seattle, in fact, everywhere in Washington State while having a DUI breath test result under the legal limit of .08.  RCW 46.61.502 defines a driver as being guilty of DUI if the person drives a vehicle within this state “while under the influence of or affected by intoxicating liquor..”  Affected by intoxicating liquor?!  What does this mean?

It means the prosecutor can still charge you with a DUI.  Every person reacts differently to alcohol and less amounts may “affect” a person’s ability to drive even while having a test result under the DUI limits.  A person charged with a DUI with a breath test under the legal limit will be facing the same penalties of a person with a breath test ranging from .08 to .15 with all other factors being similar.  As a result this type of case should be taken as seriously as a DUI case with a breath test above the legal limit.

Unless something extraordinary happened I don’t believe any driver should be charged with a DUI if that person blew under the legal limit.  Especially when the state puts on TV ads about DUI/drunk driving and posts signs all over the road showing the legal limit of .08.  It’s misleading.

I have represented several people charged with a DUI while blowing under the legal limit.  Fortunately for those clients we were able to resolve all those cases very well.

 

Published by Seattle DUI lawyer David O

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