QUESTION
Can I get a DUI if I was not driving but had been arrested for DUI that I had no memory of?
Asked on Aug 19th, 2013 on DUI/DWI - Oklahoma
More details to this question:
My brother was my DD and I had far too much to drink. The car ran out of gas on the freeway. My brother went to go get gas in a gas can but I have no memory of this. I was completely blacked out. I guess cops found me outside my car and made me do some tests which I did not pass. I have no idea what happened but woke up and had DUI charges. They called my phone and my brother had it. He was worried sick, didn't know what happened because by the time he got back with the gas, the car and I were gone. What are my options? I have been to my first court date and they did a not guilty plea for me.
8 ANSWERS
Automobile Attorney serving East Lansing, MI
at
Nichols Law Firm PLLC
Update Your Profile
They can charge you - but convicting you is a totally different question. Call a qualified DUI lawyer immediately.
Answered on Aug 21st, 2013 at 8:17 PM
You need to hire a DUI specialist pal. The sooner the better.
Answered on Aug 21st, 2013 at 8:17 PM
Accident Attorney serving Lagrangeville, NY
at
Marco Caviglia, Esq.
Update Your Profile
You can be prosecuted if the prosecutor can convince a jury beyond a reasonable doubt that you were driving drunk. Obviously, your brother will testify as to what you stated, and it will be up to a jury to decide. If they think your brother and you are making it all up and they have sufficient proof to convict regardless, then they will.
Answered on Aug 21st, 2013 at 8:17 PM
James Edward Smith
This defense will be a tough sale in court. It sounds fabricated even if it isn't.
Answered on Aug 21st, 2013 at 8:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You will need an attorney and potentially have defenses if you were not driving, and were outside of the car. If you are in Michigan please call 586-778-0900 to engages my offices and with further details.
Answered on Aug 21st, 2013 at 12:36 PM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
Update Your Profile
Do you have a DUI Defense Attorney? If so, hopefully they will fight the charges. If your brother comes forward and admits to driving and has circumstantial or direct evidence supporting the claim that he was driving you should be able to defend the case.
Answered on Aug 21st, 2013 at 12:23 PM
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
You will have to retain an attorney who practices DWI and criminal law.
Answered on Aug 21st, 2013 at 12:20 PM
If your brother was your sober DD, you, your brother and your counsel ought to have a sit down with the DA.
Answered on Aug 21st, 2013 at 12:18 PM