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Framingham DUI: Five Times Over the Limit Calls Results Into Question

A man arrested for a Framingham DUI was reportedly five times over the legal limit, according to The Boston Herald. tunnel.jpg

Framingham DUI attorneys question why authorities had this individual in jail taking mugshots, when he probably should have been taken to a hospital. Alternatively, one would wonder if there may be something wrong with the breathalyzer test.

News reports indicate that the man, from Ashland, blew a blood alcohol level 0.41. That is more than quintuple the legal limit of 0.08 percent.

The 62-year-old was booked on charges of negligent operations, drunk driving and failure to stay in marked lanes. As it was his first arrest – ever – he was released on his own recognizance, without prosecutors requesting any bail.

Officers reportedly responded to a single car crash mid-day on a Monday. They reportedly came across the driver, who at first denied that he had been drinking. He was reportedly slurring his words and couldn’t walk in a straight line.

He then later admitted he had been drinking vodka at his home earlier in the day. He was reportedly on his way to a pub, according to police.

There are no details immediately available regarding the accident.

However, given the high level of alcohol that this man reportedly blew, it’s a wonder he could even put his key in the ignition. The toxicity levels are in fact near fatal.

And yet, according to police, he was still walking and talking and forming semi-coherent sentences.

In fact, that may be a key to this man’s defense.

According to the Ohio State University, someone with a blood alcohol content of 0.11 to 0.15 is considered drunk. They would be impaired, have trouble with motor skills and may have memory lapses.

Someone with a blood alcohol level of 0.15 percent to 0.19 percent would be considered “very drunk.” They may have difficulty walking or talking and may also have symptoms such as nausea, dizziness and blurred vision.

Someone with a blood alcohol level of 0.20 would be disoriented or confused. He or she may not be able to walk or stand. Vomiting is common.

At a blood alcohol level of 0.30 percent, a person is considered to be in a “stupor,” meaning they are likely to pass out.

Someone with a blood alcohol level of 0.35 percent is reportedly the equivalent of someone being under general anesthesia, which means his or her breathing could stop.

So then we get to the 0.40 blood alcohol level. Researchers at Ohio State University indicate that at this level, the individual is in a state similar to a coma. There is a slow down of nerve activity, the heart slows and there is a possibility of death.

And yet, this man blew over that – a 0.41 – and was operating a vehicle, walking and talking.

What all this says is that there could be some fault with the breathalyzer machine being used in Framingham DUI cases.

And if the machines returned faulty readings in one case, there could be many more that have not yet come to light.

The Law Offices of Michael DelSignore are conveniently located in Stoughton, Attleboro, New Bedford and Westborough.

Call (617) 694-6287 for more information.

Additional Resources:
Cops: Man five times over legal OUI limit, By John Zaremba, The Boston Herald

More Blog Entries:
South Shore Drug OUI Difficult to Prove Without Drug Recognition Expert, April 12, 2012, Massachusetts DUI Attorney Blog

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