A breathalyzer reading of .08 or higher will lead to an arrest. It's as simple as that. It doesn't matter where you are arrested, since all 50 states have it at .08. However, it doesn't always mean you are guilty. Over the years, we have seen plenty of errors found in the machine and the source code.
But when it comes to bloodwork...the blood never lies. A woman in Volusia was the driver involved in a traffic fatality that killed a young man in February. She turned herself when the police department received the toxicology report for her blood results. It came up showing that she was over the legal limit for alcohol, and had multiple drugs detected in her system.
Besides her blood alcohol unlawful level being at .092, she also had cocaine, benzoylecgonine, methamphetamine, diazepam and nordiazepam. With all of that in her body we are lucky only one life was lost.
The police department obtained an arrest warrant for DUI/ Manslaughter with a $50,000 bond. This is not going to be an easy case. After the crash, police officers found narcotics in her car including an assortment of pills, small amounts of cocaine, marijuana, and four glass smoking pipes that tested positive for cocaine.
With DUI/Manslaughter, her attorney will have their hands full. Unless new evidence pops up, her best chance is that her lawyer and the prosecution can negotiate for less jail time and get her to do extensive community service, along with treatment for substance abuse. Not an easy road.