DUI Driver With BAC Twice The Legal Limit Kills Pedestrian Dog-Walker

California has additional charges that can be added to a DUI charge which includes facing harsher penalties for the convicted. These charges are known as enhancement charges, and when added to a DUI charge, can increase jail time, fines, DUI school length, and the length of license suspension. In some cases, such as excessive blood-alcohol content, it can mean the mandatory installation of an ignition interlock device and a mandatory alcohol treatment program. In California, there are two enhancement charges for excessive BAC. One is for a BAC above .15% but below .20% and then another is for a BAC of .20% or higher.

The Marin Independent Journal reports on a man facing murder charges for a crash that killed a pedestrian walking her dogs.

30-year-old James Boswell was arraigned on murder and other charges in court on Wednesday. The charges stem from a collision that occurred on Saturday night which killed 72-year-old Carolyn Marie Allen, who was walking her dogs.

At the scene, Boswell’s BAC was measured at .16%, which is twice the legal limit. Boswell informed officers that he had one pilsner before the accident.

Boswell has two previous DUI convictions and had recently completed DUI school. Initially, Boswell was charged with gross vehicular manslaughter along with other DUI charges. However, once police learned of his previous convictions, the murder charge was added in addition to the manslaughter charge.

At the time of the accident, Allen was in a crosswalk. He died at the hospital a short time after the accident. Unfortunately, one of the two dogs she was walking also died.

Police detected a strong odor of alcohol at the scene and began a DUI investigation. Boswell remains in custody with no bail currently set.


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