Law enforcement officers also did not take a breath sample to determine if she was impaired at the time of the accident. Six hours after the accident, they drew a sample of her blood for "administrative purposes." Police say they did not do so earlier because they did not have probable cause to believe she was impaired at the time of the accident.
When the blood sample was taken, Hoyle's blood alcohol concentration was 0.047 percent, well below the 0.08 percent level at which a driver is presumed to be impaired under the Florida DUI statute. However, the blood sample is likely not particularly informative to her blood alcohol concentration at the time of the accident, beyond simply that it was probably higher. The body metabolizes alcohol in the hours after consumption. At times, a driver's BAC could even rise after the accident, if the alcohol was consumed shortly before driving.
This was the second time Hoyle had crashed a patrol vehicle in the last year. She had been employed with the department since 2006 and an internal investigation determined that the first accident could have been prevented. Regarding her resignation, a police spokesman said, ''This whole thing is unfortunate because she was a smart, good police officer, and I'm sure she'll have a bright future wherever she goes."
A report is available here.
If you have been arrested for driving under the influence, contact the Musca Law Miami office today to discuss your legal rights.
