A man in Travis County is in police custody following a tragic car accident that claimed the lives of a father and son, according to local sources. Texas police responded to the accident on the night of Nov. 17, where they discovered a driver they believe to have been intoxicated at the time of the accident. That man is now charged with drunk driving as well as several related charges, including vehicular assault and manslaughter. 

According to the report filed by police in Travis County, around 9:30 p.m. the accused man was traveling west when he may have driven at a high rate of speed through a stop sign. His vehicle smashed into a northbound car, and the force of the impact pushed both vehicles off the road. The driver of the vehicle and his son, who was in the front passenger seat, were both killed in the accident. 

Three other passengers, including the driver’s wife and stepchildren, were in the back seat at the time of the crash. The other driver refused medical attention, but apparently allowed a breath sample to be taken. However, due to the congestion around the crash, the sample was taken some two hours after the accident. The sample showed him to be over the legal limit for alcohol, and he was arrested. 

It is important to note in drunk driving cases that the duration of time between an accident and a breath or blood test can significantly alter the results of those tests, depending on how alcohol is metabolized in the driver. It is possible the driver could have been sober for all intents and purposes at the time the accident occurred, with the alcohol metabolizing and intoxicating him at a somewhat later time. This is known as a “rising BAC defense.” It is just one of the avenues of investigation an individual’s criminal defense attorney might explore when the client faces formal charges in a Texas court.