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Alleged repeat DUI offender caught walking, not driving

Last week in Middletown, police discovered a man who was showing signs of intoxication walking down a street. Earlier in the night, they had discovered a vehicle that had been left on the railroad tracks. Somehow, they determined that the man they found walking was the driver of the abandoned vehicle.

Police said the man failed several field sobriety tests. They also said his blood alcohol level, as recorded by a breath test, far exceeded the legal limit. The man was taken in to police headquarters, but he refused to allow a chemical test. Police charged him with his third DUI. If he is found guilty, he could face serious penalties.

Being convicted of a second or third DUI is much more serious than being a first-time offender. Repeat DUI offenders face the possibility of lengthy jail time, expensive fines and license revocation, among other penalties. However, there are ways to defend against DUI.

In this case, it may be best to focus on how police found the man. They found him walking, not driving. In order to be charged with and convicted of DUI, a person must have been driving a car while under the influence of alcohol. We know from the news article that police came to the conclusion that the man had been driving a car that they found abandoned, but how did they figure this out? And if the man was indeed driving that car, how do they know he was intoxicated while doing so? Hopefully these and many other questions will be answered when this man goes to trial.

Source: Middletown Transcript, "Maryland man faces third DUI charge," Feb. 19, 2013

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