Following a motor vehicle accident, Oregon police will open an investigation to try and determine how the accident occurred. In some cases, this investigation can be clear cut, but in others police may have to perform tests and other measures to figure out what happened. In many cases, police may look to the drivers to see if their behavior, or intoxication, caused the crash.If police suspect drunk driving, police will try to determine the driver's blood alcohol content level. This can be done through a variety of means including a field sobriety test, a blood test or a breath test. These tests must be carried out with precision in order for the results to be trusted.
The results are extremely important to those accused of DUI because they can, and will, be used against a person. For example, in a recent case, police have accused a man of being drunk and causing an accident. In this case, police allege that the man hit a minivan while making a left hand turn at the intersection of 139th Avenue and Stark Street in Southeast Portland. As a result of the accident, five people were injured and had to be taken to a local hospital. Police allege that the 46-year-old man had been drunk when he caused the accident -- but it is unknown which tests they performed. Therefore, the man faces charges for reckless driving, assault and DUII. These can carry serious penalties -- especially when someone has been injured.
The conduct of the police is important in cases like this because it will be used to punish the accused. However, if the police made mistakes, did not properly carry out an investigation of the BAC level tests or were not properly trained, that evidence may be excluded from court. This can help keep people from being sentenced with the serious penalties associated with DUI in Oregon.
Source: The Oregonian, "Police arrest man, 46, on suspicion of drunken driving in crash in SE Portland," Lynne Terry, April 21, 2014
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