A dentist and his wife have fought against short prison sentences in fatal hit-and-run accidents is now facing the criminal justice system for driving drunk. The man and his wife lost a 5-year-old son in 2012 when a driver struck them as they were crossing the street. After learning that the man who struck their son could face only a year in jail, the couple pushed for an increase in the minimum incarceration period for hit-and-run accidents.
In the case of the man who killed the boy, no charges could be filed for homicide by vehicle while driving under the influence because the man fled the scene. The man acknowledged that he had been drinking that night, but the absence of a blood alcohol concentration test meant that he wasn't facing the three-year minimum sentence that comes with that missed charge.
The couple's push for an increased minimum sentence in fatal hit-and-run accidents was successful. In 2014, Kevin's Law passed and was signed into law. That raised the minimum sentence from one year to three years.
In an interesting twist of fate, the dentist is now facing criminal charges for DUI. He was pulled over by a state trooper on June 12. His BAC registered .273 percent, which is more than three times the legal limit of .08 percent. He is facing two counts of endangering the welfare of children, two counts of driving under the influence of alcohol or a controlled substance and operating a vehicle without headlamps between sunset and sunrise.
Facing drunk driving charges is a serious matter. Your BAC is one factor that is used in the case against you. Learning how to refute the points the prosecution is making in your case is necessary in DUI cases.
Source: Times Leader, "State police: Stephen Miller’s BAC was more than three times the legal limit," Travis Kellar, July 11, 2016