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NFL Player Charged in Fatal DUI Accident Tragically Reveals the Limitations of Drunk Driving Laws

November 15, 2021

A Las Vegas Raiders wide receiver has been arrested and criminally charged after he allegedly caused a fatal car accident while driving 156 miles per hour and at least twice the legal alcohol limit.  According to State Prosecutors in the criminal case against the professional football player, he drove his Chevrolet Corvette into the rear-end of another driver and her dog.  The other driver tragically passed away at the accident scene.  The NFL player has been criminally charged with DUI resulting in death, and other criminal charges may be pending in the case.  

The prosecuting attorney in the case stated that the NFL player might be facing a murder charge such as second-degree murder.  However, the Nevada Supreme Court ruled last year that a fatal DUI accident such as this one does not meet the state's murder standard. States like Florida created new laws that allow prosecutors to bring harsher criminal charges in DUI accidents involving fatalities.  In Nevada, drunk driving does meet the state's legal definition of "malice," but the Nevada Legislature will have to create new laws to punish these types of DUI-related crimes.

Unfortunately, the problem of driving while under the influence of drugs or alcohol is still a common problem in the United States.  It is estimated that 10,000 people were killed in drunk driving accidents in 2019 alone. 

First, it is not legal to consume alcohol and drive in the United States.  As long as the driver is under the legal limit of 0.08%, they are not violating the law.  The fact that it is not against the law to drink and drive, this fact could have led the NFL player to believe he was okay to get behind the wheel of his car after consuming alcoholic beverages.  In some states, a driver can be arrested for driving while impaired, although they test under the legal limit.  The decision to place the driver under arrest for DWI/DUI is up to the police officer.  In other words, an officer could find that a given driver is intoxicated, even though the they are operating their vehicle under the legal Blood Alcohol Concentration limit. 

Some safety advocates are urging lawmakers to pass a nationwide, zero-tolerance law making it illegal for drivers to consume any amount of drugs or alcohol. 

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Category: Accident News

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All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.