A Houston man is facing multiple criminal charges for his role in a tragic multi-vehicle accident. According to reports, the accident occurred when 30-year-old Fernando Carcamo ran a red light and crashed into a truck. The impact of the collision caused the vehicles to crash into a third vehicle. Carcamo was driving his two sons at the time of the accident. His 5-year-old son suffered severe injuries, but his 8-year-old did not survive the crash.
Police initially believed that Carcamo was intoxicated at the time of the accident. However, the driver's blood alcohol concentration was well below the legal limit of .08 percent. It was later determined that he was not intoxicated, but rather incredibly shaken because of the fatal crash. Had Carcamo been drunk behind the wheel he would have likely faced charges for murder, rather than manslaughter.
Behavior After an Accident Can Mimic Intoxication
When police arrived on the scene of the Houston accident they initially believed that Carcamo was intoxicated. However, after an investigation, officers determined that he was not, in fact, under the influence of drugs or alcohol. Instead, his behavior after the accident was merely consistent with that of a person who had consumed certain substances.
The sheer impact of the crash was probably enough to jolt the driver and cause some disorientation. Being socked in the face by an airbag deployment generally causes disorientation. He may have exhibited difficulty concentrating or communicating with officers on the scene. Once the driver realized that his 8-year-old son had not survived, his condition likely worsened. He may have lost his balance, appeared unsteady on his feet, and even refused to speak with officers on the scene. These behaviors, paired with the fact that he ran a red light with his kids in the car, likely supported a suspicion that he was intoxicated.
Always Contest DWI Charges
Police did not ultimately decide to charge Carcamo with DWI, but they certainly had the ability to do so. In Texas, you can be arrested for DWI even if your blood alcohol concentration does not exceed the legal limit. In fact, many drivers are charged with DWI even after chemical tests show that they have little to no alcohol in their system. A DWI case can succeed based on circumstantial evidence of intoxication alone.
It's always essential to contest DWI charges. This is particularly true when the state does not have hard evidence from chemical testing to show that your blood alcohol concentration was above the legal limit. There are times when you may exhibit signs or behaviors that are consistent with someone under the influence of alcohol. However, this shouldn't mean that you're charged and convicted of a crime for which you're not guilty. It's important to aggressively defend yourself and offer every explanation for why you may have appeared to be drunk. The state has to prove its case against you beyond a reasonable doubt. Explaining the situation and offering evidence to support your side of the story can prevent this from happening.
Have you been arrested for DWI in Texas? It's important to assert a strong defense. Contact the Doug Murphy Law Firm, P.C. to find out how our experienced DWI defense lawyers can help. We offer a free consultation, so call for immediate assistance today.