It is possible to consume alcohol and not be impaired. However, if an accident occurs and there is alcohol on the breath of the driver, the assumption could be made by the police that the driver was intoxicated. That same driver could then end up facing drunk driving charges.
This may be why a 30-year-old woman has been charged with felony DUI after a recent accident. The South Carolina Highway Patrol is still investigating the crash that involved the woman’s Jeep and a moped and occurred on Nov. 10. The Jeep hit the moped as the two vehicles were heading east on Highway 544. The moped driver was taken to an area hospital with injuries described only as serious; and at last report, she was still in the hospital. The driver and passenger in the Jeep were not injured.
So far, the South Carolina Highway Patrol has not released any information on why troopers presume the driver of the Jeep was impaired at the time of the crash. It is possible troopers performed field sobriety tests at the scene. However, there are many reasons why a person would fail such tests. In addition, if the officer does not properly perform the tests, they would not be an accurate gauge of whether the woman was impaired at the time of the crash.
It will be up to prosecutors to prove to the court that the woman accused of drunk driving was doing so. In the meantime, it may be a good idea for the woman to begin reviewing the evidence against her. Having a working knowledge of police procedures may be of use in that regard. If there are any procedural deficiencies in the investigation, the DUI charge may not stand.
Source: Wbtw.com, Myrtle Beach woman charged with felony DUI in Highway 544 crash, Jonee Lewis, Nov. 11, 2013