Oliver Antonio Reyes of Miami Beach, Florida was arrested on November 17 after he allegedly struck a cyclist on Dade Boulevard while under the influence of alcohol. The cyclist was seriously injured but is expected to survive.
Reyes is being charged with driving under the influence, DUI causing serious bodily injury, and DUI causing property damage. The press did not name an attorney for him.
According to the arrest report, the alleged DUI crash occurred on Dade Boulevard between Bay Road and Alton Road during the early hours of November 17. Reyes was reportedly driving a Pontiac west on Dade Boulevard when he struck a cyclist identified as Carlos Garcia. Garcia suffered severe head injuries and was transported to Jackson Memorial Hospital where he remains in serious condition. Reyes was not injured.
“At approximately 8 this morning, we received a 911 call indicating that a cyclist had been struck by a vehicle,” Miami Beach Police Officer Ernesto Rodriguez told the press. “Upon officers’ arrival and the Miami Beach Fire Department, the victim was transported by the fire department to Jackson Ryder Trauma in serious condition but is expected to survive.”
Reyes reportedly stopped to help Garcia while a witness called paramedics. He remained at the scene of the crash and cooperated with police. Sources say he was seen stumbling during a sobriety test and seemed to be drunk with bloodshot eyes, slurred speech, a flushed face, and the smell of alcohol on his breath. His blood-alcohol content was three times over the legal limit, the report said.
“At this point, Miami Beach accident investigators are on scene, not only investigating the crash but this is also a DUI investigation,” said Rodriguez.
The penalties for driving under the influence in Florida are harsh because of all the deaths, particular of youth, that have been caused by drunk drivers. The state legislature requires law enforcement to have a zero tolerance standard for drunk driving, and as a consequence, Florida prosecutes a large amount of DUI cases every year.
As a minimum requirement, a DUI conviction in Florida may carry a sentence that includes classes on drunk driving, community service, driver’s license suspension, probation, court costs, fines, and restitution when appropriate.
Jail time generally depends on the type of DUI case. For example, first-time DUI offenders who haven’t caused injuries or death are often charged with a misdemeanor, which can carry a sentence of up to 180 days in jail, fines, and/or driver’s license suspension. In most cases, first-time DUI offenders usually only receive probation and other demanding conditions like community service, DUI school, and driver’s license suspension, among other things—but no prison time.
Source: 11.17.17 Cyclist hospitalized after crash in Miami Beach; driver charged with DUI.pdf