Driver in Jail After Failing Home Breathalyzer Test
Some individuals who are charged with Driving Under the Influence (DUI) are dealing with the life-long struggle of an addiction to alcohol – no matter what consequences or negative impacts to their lives these individuals face, they simply cannot stop drinking. Michelle Colby of Indiana is dealing with just this issue, and after posting bail for a DUI charge stemming from an accident involving five children, she is now back in prison after failing a home breathalyzer test.
In late April, Colby was driving with five child passengers – two of whom were her own children – when she did not yield to another vehicle when making a turn and caused a serious accident. All five of Colby’s passengers as well as the driver of the other vehicle ended up in the hospital as a result of the accident – the impact threw one child and a dog out of the defendant’s vehicle. Law enforcement officers who responded to the scene reported that Colby’s eyes were bloodshot, and she smelled of alcohol.
A breathalyzer test later revealed that Colby’s Blood Alcohol Concentration (BAC) was 0.22 percent, which is over twice the state’s legal limit. Law enforcement officers charged the defendant with multiple counts of driving while intoxicated as well as causing serious bodily injury while under the influence. This incident was Colby’s third DUI arrest in the last two years. Colby posted bond after this incident and was released from jail to await her trial.
One condition of her release was that she had to submit to three breathalyzer tests every day and send the monitors to law enforcement for review. In late July, Colby’s test indicated there was alcohol in her system, and Colby’s lawyer and father protested that the device had malfunctioned and a friend testified he had not seen her drinking that day. The judge did not buy Colby’s arguments and sent her back to jail. To add to the defendant’s troubles, after returning to jail, a civil suit was brought against Colby for two of the children who were injured in the crash in late April.
Regardless of the circumstances surrounding a DUI case, it is vitally important to seek the help of a knowledgeable DUI lawyer as soon as possible. These qualified individuals can explain an individual’s rights and set up a strong defense for him or her to take to court.
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