East Boston man charged as drunk driver after Riverway crash that critically injured a passenger

By adamg on Tue, 05/12/2015 - 4:01pm

Huran Delismail, 22, was charged today with smashing into a pole early this morning at the Riverway and Brookline Avenue and sending his three passengers to local ERs - one with injures that were considered life threatening - the Suffolk County District Attorney's office reports.

Witnesses told troopers that they observed Deliismail’s vehicle traveling at a high rate of speed on Brookline Avenue and run two red lights before he drove through a third red light at the intersection of Brookline Avenue and Riverway, prosecutors said. His vehicle narrowly missed one vehicle and then came into contact the front end of a 2011 Hyundai Elantra that was traveling on the Riverway; the Volkswagen then struck a pole at an estimated speed of up to 30 miles per hour, prosecutors said.

Delismail was arraigned in Roxbury Municipal Court on charges of OUI and OUI causing serious bodily injuries, the DA's office reports Roxbury Municipal Court Judge Kenneth Fiandaca imposed $3,000 bail and ordered Deliismail to surrender his passport prior to his release on bail and to refrain from driving while his case is pending. Delismail also got tickets for speeding and failure to stop.

According to the DA's office, Delismail's Passat had its front right side crashed against the pole when State Police arrived around 2:10 a.m.. His front-seat passenger, a 27-year-old woman, was rushed to Beth Israel with critical injuries. Delismail and two backseat passengers were taken to Brigham and Women's with minor injuries, the DA's office says.

Prosecutors say Delismail blew .078 on a breath test, just below the legal limit of 0.8, but that he showed signs of impairment at the scene.

Innocent, etc.

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Comments

personally

By Scumquistador on Tue, 05/12/2015 - 4:21pm.

i think its silly to have a maximum BAC that you can be under and still get charged

Better to let him drive away

By Scratchie on Tue, 05/12/2015 - 4:38pm.

Better to let him drive away if he's clearly impaired, I guess?

dont be silly

By Scumquistador on Tue, 05/12/2015 - 4:55pm.

and that is completely irrelevant to the point i was making

What's your point, then? If

By Scratchie on Tue, 05/12/2015 - 5:19pm.

What's your point, then? If someone's under the BAC limit, and the police can't charge them, what should they do?

Couple of things

By SwirlyGrrl on Tue, 05/12/2015 - 5:27pm.

He can be charged with impaired or reckless driving.

Blood tests may also reveal additional impairment chemicals (or support BAC>0.08 with greater accuracy), leading to OUI charges.

This is why some countries have a graduated limit, such as "impaired" is > 0.04, drunk is >0.08, with a matching range of consequences.

preferably let them go

By Scumquistador on Tue, 05/12/2015 - 5:37pm.

preferably let them go. not in this case since the dude crashed and was speeding and also seemed to not stop for the police, but in general? i would say if you want to charge people for being drunk when they're @ .078 then you should make .078 illegal

If your BAC is 0.078 and you

By Dot net on Tue, 05/12/2015 - 7:27pm.

If your BAC is 0.078 and you drive and don't attract police attention, you won't be charged as drunk. There would be no probable cause to stop and breathalyze you.

If you're 0.078 and attract a police officer's attention by causing an accident, you're getting charged as drunk.

I don't see any problem. BAC is one objective measure. I guess a prosecutor can use others. It'll be up to a judge to decide anyway.

I don't

By BostonDog on Tue, 05/12/2015 - 4:45pm.

There is a well known decrease of alcohol level over time. So if you cause an accident and it takes the police 30 minutes to get everyone to safety before testing you and it's found that you are just barely below the limit it's beyond a reasonable doubt that you were above the limit when the accident occurred.

He'll have his day in court and can claim a reason why he was so close to the limit. If he can convince a judge or jury he won't be convicted. And in MA that's not hard.

One has to bear in mind, however, that

By mplo on Thu, 05/14/2015 - 9:57am.

even with the first drink, coordination and movement begin to break down. The fact that the guy was found to be impaired, even though he was a tad or so below the legal limit,, and still resulted in three people getting injured and requiring ER care, imho, says something, and not positive, either. Not enough is done to get drunk drivers off the road, or to prevent drunk driving in the first place.

A breathalyzer is an

By anon on Thu, 05/14/2015 - 3:22pm.

A breathalyzer is an approximation of blood alcohol content, which is an approximation of impairment.

Another responsible driver

By spin o rama on Tue, 05/12/2015 - 4:27pm.

Can we make breathalyzer-ignitions mandatory?

Course there would be some debate about what the legal limit should be and if it should be lowered from the current number, gotta protect those "buzzed" drivers that aren't technically driving drunk.