In California and elsewhere, drunk driving is a serious offense that comes with serious penalties, especially when another driver is injured or killed. However, before prosecutors can convict someone of drunk driving, they must present conclusive evidence, usually in the form of blood test or breath test results, that the driver was under the influence of alcohol. Without this evidence, it may be impossible to prove that someone is guilty of drunk driving, even if there is circumstantial evidence.
After a firefighter crashed into a motorcyclist and left him with severe injuries, the firefighter fled the scene of the accident. Soon after the crash, he was seen drinking water at a bar. Two hours after the accident, he returned to the fire station, where he was given a breath test. Although two breath test results showed that the firefighter’s blood alcohol was .13 percent, prosecutors have not charged him. It is likely that they are unsure if the tests will hold up as evidence against the firefighter in court.