On July 28, a 39-year-old man who pleaded guilty to involuntary manslaughter for driving while intoxicated in 1997 was pulled over by Creve Coeur police and charged with DWI. While it has been more than a decade and a half since his last offense, he is being charged with a DWI as a repeat offender.
The man was reportedly pulled over after committing a traffic offense early in the morning. Officers reported that he exhibited signs of being intoxicated, and he reportedly refused to submit a breath sample, but he did submit to a field sobriety test, which he allegedly performed poorly on. Even though the man refused to submit a breath sample, officers acquired a warrant for a blood sample test and obtained a blood sample from him. As a repeat offender, the man’s DWI this time is a felony DWI.
Because the man’s DWI is a felony DWI, if he is convicted of his charge, he could have to face more severe penalties than he would have to if his DWI was a misdemeanor. He could be sentenced to prison time instead of jail time for a felony DWI. Additionally, he could also have his license permanently revoked or suspended, which means that he would never be able to legally drive a vehicle again. He could also have to pay higher fines and fees this time around as well if he is convicted.
A DWI attorney might be able to help the man in fighting his felony DWI charge. An attorney might be able to help him get his charge reduced or dismissed entirely. One court strategy that an attorney might take is to question whether the equipment used to test the man’s blood sample was operating properly at the time the test was administered.
Source: CreveCoeur Patch, “Man Charged With DWI 17 Years After Killing Person in DWI Crash”, Joe Scott, July 31, 2013