It depends. Some prosecutors will still try to prosecute a case (especially domestic violence cases) even though the complainant is not cooperative or is missing. They do this by attempting to introduce the 911 calls (if an appropriate evidentiary foundation is made) as well as testimony from the responding police officer to testify as to their observations (i.e., bruises , bleeding, other injuries, evidence of a scuffle, etc.) and even their conversations with the complainant (again assuming an appropriate evidentiary foundation is made). The DWI issue is complicated because there are issues of probable cause for the arrest, proof of operating a vehicle, timing and consent to any blood extraction.
Answered on Jan 08th, 2014 at 10:29 PM