Wednesday, June 17, 2009

California Angels' driver was over the legal DUI limit for underage drinkers! .06% is .01% over 1 limit and .05% over another limit

California Angels pitcher's driver, Courtney Stewart, 20 years old, had a .06% BAC the night she, Adenhart and a third person were killed in the high-profile California DUI accident. This California DUI BAC was performed by the coroner who examined the bodies of the decedents to do California DUI blood tests. California Vehicle Code § 23136 says it's illegal for someone under 21 to drive a vehicle with a .01% BAC or more. That would make her .05% over that limit and .01% over the .05% limit imposed by California Vehicle Code Section 23140.

Andrew Gallo faces California DUI murder for the deaths but if this case goes to California DUI jury trial, the defendant's California DUI criminal defense attorney will emphasize Stewart's unlawful intoxication as part of their California DUI defense.

The key may become Stewart's actions as the contributing cause of this California DUI accident, rather than Gallo's driving. Her alcohol ingestion impaired her ability to operate in a safe manner. California DUI prosecution witnesses routinely say folks are under the influence of alcohol at .05% and she was above that.

Of course, a California DUI BAC test after time of death does not necessarily accurately reflect that person's true BAC at the time of driving (which is the issue). California DUI criminal defense lawyers may want to know factors such as how many drinks she had, over what time period were the drinks drank, how much food did the she eat and when, her height and her weight, as well as whether proper procedures were followed when collecting, handling and retaining Gallo's blood sample. his California DUI defense lawyer will likely call a California DUI toxicologist and/or California DUI accident reconstructionist to testify at the California DUI jury trial.