Donte Stallworth, who plays wide receiver for the Cleveland Browns, was involved in an accident last week that resulted in the death of a pedestrian in Miami Beach, Florida. According to articles written after the crash, Stallworth submitted to a field sobriety test and also had his blood drawn to determine his blood alcohol content (BAC) after the crash. The toxicology reports showing his BAC have not been completed, however there are reports that Stallworth’s BAC was 0.14 around the time of the accident, according to an article on Miamiherald.com.
In Florida, the legal limit for DUI (driving under the influence of alcohol) is 0.08. If Stallworth’s BAC was 0.14, he was well over the limit. This does not automatically mean that he was, or will be found, guilty of DUI, but it would be pretty damaging evidence against him in his criminal case. When a driver is stopped by police with a BAC of 0.08 or more, he/she will likely be charged with DUI, which is a misdemeanor for a first DUI. If a person is driving with a BAC of 0.08 or more and causes an accident resulting the death of another person, it can be a second degree felony which carries a maximum penalty of 15 years in prison, or a first degree felony which carries a maximum of 30 years in prison if the driver leaves the scene of the accident without providing the necessary contact and insurance information.
Based upon this preliminary report, Stallworth is facing some serious legal issues. A charge of DUI manslaughter is likely. However, before this case is ultimately resolved, Stallworth’s defense attorney will certainly raise many issues regarding the accident, how and why it occurred, whether and to what extent Stallworth was impaired by alcohol and the validity of the state’s evidence to support that allegation.