Busy week for NFL football players in the criminal courts. The latest is the DUI manslaughter trial of former Dallas Cowboy Josh Brent. He is on trial for DUI Manslaughter in Texas when he was driving home from a strip club and his teammate was killed in the accident.
Prosecutors allege the car was driving as fast as 110 mph at the time of the crash. The prosecution’s lab analyst also testified that blood tests showed his blood alcohol content was 0.18 percent, which is more than twice Texas’ legal limit to drive of 0.08 g/ml alcohol. Florida’s legal limit is also 0.08 g/mL of alcohol. Many people think it is 0.08 percent, but blood alcohol levels are reported as grams per milliliter of alcohol. Prosecutors in this DUI Manslaughter case allege that the 320-pound defensive tackle had as many as 17 drinks on the night of the crash in order to get to such a high level. Witnesses from the club testified that the driver did not appear impaired some said he was drinking water, not alcohol.
Brent’s DUI attorneys contend that the blood tests used by police were faulty and that Brent couldn’t have drunk nearly that much alcohol. The defense expert testified that the vials used by the prosecutor’s lab analyst were contaminated with alcohol in them. The defense expert also testified that the crime lab used expired fluid to process Brent’s blood and because of that, the 0.18 result was not reliable. The defense was dealt a blow to their case when the judge prevented the defense expert from testifying on a number of matters concerning the blood test.
There is a video of Brent performing field sobriety exercises, but I have been unable to find the video online. The defendant faces up to 20 years in prison if convicted. This would be the case in Florida also as DUI Manslaughter is a serious crime that scores out to a long prison sentence due to the nature of the offense and points for death that are counted on the Scoresheet. No telling how long the jury will take to deliberate.
If you have been arrested fro DUI Manslaughter or DUI, retain an attorney who is a member of the National College for DUI Defense such as myself. There are a number of things that must be done immediately if you have been arrested for DUI so don’t delay, call right away!
Thomas C. Grajek – 863-838-5549 cell