A Delaware man was charged with driving under the influence of alcohol for the ninth time on the night of July 19 after he allegedly lost control of his SUV and crashed in Kent County. After being taken into custody at the scene, the 63-year-old Dover resident was arraigned before Justice of the Peace Court 07. His bond was set at $7,009, and he was then transported to the Howard R .Young Correctional Institution in Wilmington.
Witnesses report hit-and-run accident
The events that led to the man’s arrest unfolded on Mid State Road near Robbins Road at approximately 8:39 p.m. That is when witnesses called emergency operators to report that a GMC SUV had been involved in a hit-and-run accident. They said the SUV had been proceeding westbound on Mid State Road when it left the roadway, struck a tree and kept going. Troopers dispatched to the scene say that they found the SUV in a cornfield with its engine running. They determined that the vehicle had struck a trailer that was parked on the property before becoming to a stop in the field.
Smell of alcohol
Troopers say that they initiated a drunk driving investigation after detecting the odor of alcohol when they approached the SUV. Initial reports do not reveal what the man’s blood alcohol concentration is alleged to have been at the time. When troopers conducted a background check, they discovered that the man was driving on a suspended license and had been arrested for drunk driving on eight prior occasions. He faces a raft of charges including counts of felony DUI, leaving the scene of an accident and malicious mischief.
Toxicology evidence
Cases like this one are usually decided based on the results of breath tests. While the equipment used to conduct toxicology tests is highly sophisticated and quite accurate, it must be maintained and recalibrated regularly. If you are arrested for drunk driving and a records check reveals that this has not been done, an experienced criminal defense attorney could challenge the toxicology evidence and seek to have the DUI charge against you dismissed. If the charge was supported by a blood-test, an attorney may make a similar argument if the police report does not provide a clear chain of custody for the sample that was tested.
