BLM?:Woman sentenced in deadly DUI crash that killed 4 people in Lake County

Haha, I was thinking 'Amen, RR'!

I wasn't aware of the delay in testing. There's no doubt now that it's dirty pool.

I'm not sure if you can prosecute based on extrapolating time to testing to actual intoxication level when caught. I guess not because everyone is different but if you're AT the limit there's not a person in the world who doesn't metabolize alcohol at some rate which would put her OVER in any case.

 

@Rocket River

I am very proud not to believe that cops didn't breathalyze her for 5 hours because the victims were were black No I don't think that cops are that racist.

The cops the prosecutors all in on it from the get go. They probably got her drunk and made sure she was around black motorists

 

That's pretty shitfaced. I'm ashamed to say that I got a DUI over 20 years ago at .16 and I was way too drunk. She should go to jail for a long time.

 

Yes, you can. Alcohol metabolizes at generally predictable rates (about 0.015-0.02 BAC per hour, once it has been absorbed into your system). That is why the supreme court changed the law and required officers to get a warrant to do a blood draw if the suspect doesn't consent, because the argument that it is exigent circumstances has been found invalid. People are prosecuted all the time with delayed tests and it doesn't matter in the slightest. DUI defenses are usually:
1) not driving (no one sees the defendant driving the car, common in solo vehicle crashes where two people have left the car or cases where a car is parked with a drunk in the driver's seat),
2) not over the limit (usually you will only see this when they are very close to the limit, considering elimination). The defense argues that the margin of error is such that instead of being .08, they were really 0.078 or something. You will especially see this where the driving conduct wasn't that bad, but they got pulled over for expired tags or something.
3) rising BAC (this requires that the driver had been drinking very recently). The defense argues that sure, at the time of the test the person was over the limit, but when they were driving, the alcohol hadn't entered into their system yet, so they were under the limit. If the person claimed on the spot that they had just finished their drink and left the bar/party right before getting pulled over and they are just over the limit when tested, this can be a successful defense. Very situational.

As for the case here, a first time DUI that was not wildly over the limit that hit someone turning onto the road resulting in four deaths? That is about what I would expect someone to get in California. Now, if someone has DUI priors, that changes things dramatically and you start getting murder charges and life imprisonment is on the table.