QUESTION

If I wasn't in the car when the police came, can I be convicted of DUI ?

Asked on Feb 22nd, 2017 on DUI/DWI - California
More details to this question:
I left the club around closing time (2 am). I don't remember anything else until I hit a fence around 4:30 AM. I was about 7 miles away from the club. I called some friends who arrived about an hour later. One of my friends drove my car about 10 minutes and said we needed to call for a tow truck. That call was placed to 6:18 AM. The car was already on the bed of the tow truck, in fact we were just getting ready to leave when the police arrived a little after 7:30 AM. I was given a field sobriety test and a breathalyzer. I blew .11 and was arrested. My car was not impounded since AAA already had it in its possession. My friends were told to go home. I was booked at 8:47 AM, given a blood test, but I do not know the results of that test, yet. What are my odds of not being convicted?
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2 ANSWERS

Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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No one can give odds on your case, particularly without more information and the police reports. Contact some experienced DUI attorneys and get specific guidance.
Answered on May 09th, 2017 at 7:47 AM

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Yes, because they can use circumstantial evidence to show you were in the car just a moment prior to contact. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on May 08th, 2017 at 2:25 PM

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