QUESTION
Can I be charged with DUI if someone drives, hit a tree, left and I'm on the passenger side?
Asked on Jan 05th, 2013 on DUI/DWI - Michigan
7 ANSWERS
3 Awards
Yes you can be charged ONLY if there is evidence that you were in the drivers seat at one point (WA State law). Before the accident, as the driver, can someone put or testify that you were there? Or after the accident were you seen in the drivers seat, like trying to move the car?
Answered on Jul 11th, 2013 at 12:02 AM
No, unless they think you were the one driving.
Answered on Jan 11th, 2013 at 12:29 AM
Michael J. Breczinski
If they believed that you were the driver and you were drunk at the time. The jury would have to decide if there was reasonable doubt that YOU were the one driving. Michael Breczinski Attorney 5005 Lapeer Road Burton, MI 48509.
Answered on Jan 11th, 2013 at 12:06 AM
Gary Moore
I can see how the officer thought you had just slid over on the seat from behind the driver's wheel. I feel certain that you will win you case, with the assistance of an able criminal lawyer.
Answered on Jan 11th, 2013 at 12:02 AM
1 Award
In Utah, you need actual physical control of the vehicle to get a DUI. Passengers almost never have actual physical control.
Answered on Jan 10th, 2013 at 11:59 PM
Yes, if the police have reason to believe that you were the one driving and moved over to the passenger's seat before they arrived at the accident.
Answered on Jan 10th, 2013 at 11:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Yes you can be charged, the real question is whether or not you can be convicted.
Answered on Jan 10th, 2013 at 11:23 PM