QUESTION
Can my son be charged with DUI if he can not remember being in the accident?
Asked on Feb 20th, 2013 on DUI/DWI - Utah
More details to this question:
My son was involved in an accident. He didn’t know who was driving. His friend was taken to jail and said my son was driving. He was never investigated or given any tests for alcohol. He doesn’t remember being in an accident. Can he be charged with driving under the influence?
8 ANSWERS
This is an unusual circumstance. A person can be charged with almost anything, if the county prosecutor decides that they want to move forward with the case. If the state truly has no evidence that your son was drinking and driving apart from the self-serving testimony of another person in the car, it's entirely possible that he could be acquitted of these charges. You should hire a lawyer, or begin working closely with the public defender, as soon as possible. Once the case begins to move forward, the state will be required to produce 'discovery', which is all of the evidence they have against your son. If their evidence is inadequate, your attorney will know what to do next.
Answered on Feb 24th, 2013 at 10:39 PM
John J. Carney
He can be charged and they usually get a blood test in the hospital, you must live in a small town or maybe the cop gave him a break or just did not request it. Either way, they will charge him but may have a hard time proving operation and intoxication. Retain a good DWI lawyer to handle the case.
Answered on Feb 24th, 2013 at 8:02 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Absolutely. One does not get a freebie because one cannot remember.
Answered on Feb 24th, 2013 at 7:12 PM
Yes he can, if they believe the friend. Your son needs to hire a DUI specialist, and do it soon because he has only 10 days to save his license (if they believe the friend).
Answered on Feb 21st, 2013 at 11:33 PM
Michael J. Breczinski
He can be charged but maybe the friend is covering his own tracks. Get a lawyer and fight the matter.
Answered on Feb 21st, 2013 at 12:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Charged yes. He will need a defense attorney if he is going to contend he was not driving or otherwise attempt to defend himself.
Answered on Feb 21st, 2013 at 12:28 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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Yes. Whether or not a person remembers an accident, or whether he or she does not remember driving drunk for that matter, is irrelevant. Will he be charged in this case? Well, seeing as how the police already took someone into custody and assuming that your son has yet to be charged, he likely wont be charged with a DUI in this case.
Answered on Feb 21st, 2013 at 12:28 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Yes. There may be a lot of other evidence available, such as blood tests, witnesses who observed his behavior or could smell alcohol on his breath, etc. All of this is enough to get a conviction in the right case.
Answered on Feb 21st, 2013 at 12:28 PM