QUESTION
Will I get charged if my friend got a DUI while driving my car?
Asked on Mar 24th, 2012 on DUI/DWI - California
More details to this question:
My friend was driving my car when he got a DUI. He gave the officer his cousin's name because his license had been suspended prior to this. Now his cousin is fighting the charges because it was not him. But he also won't admit that it was his cousin who gave out his name when he got arrested. Will they start an investigation and will I get contacted or charge in any way since I'm the owner of the car?
7 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No, you won't have any charges or get sued unless he crashed the car. It would be normal for the car to be impounded by police, forcing the registered owner to go pay to get it back.
Answered on Mar 27th, 2012 at 11:09 PM
Assault and Battery Attorney serving Encino, CA
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RP Defense Law
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Yes, they may contact you if you are the registered owner of the car to determine who was driving your car at the time in question, but you cannot be charged with *Driving* Under Influence of Alcohol if you were NOT the driver.
Answered on Mar 27th, 2012 at 11:47 AM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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Very I likely. However, your friend should do the right thing and come clean to save you and his cousin from the aggravation of his actions.
Answered on Mar 27th, 2012 at 11:26 AM
No. You have nothing to worry about, unless the car was towed.
Answered on Mar 27th, 2012 at 11:26 AM
The "D" in DUI stands for "driving". It is an essential element of the crime. If you were not driving, you cannot be charged with DUI. The mere fact that someone else was driving your car is irrelevant. It does not make you criminally liable. As for being contacted, you will likely be contacted by the police who are investigating the crime. You should consult an attorney for advice before this happens.
Answered on Mar 27th, 2012 at 11:24 AM
Your friend and his cousin are going to be found out during the investigation. They both need attorneys. I am not certain where you were in thi mess, but I would suggest you might need an attorney- especially if you were present during the DUI stop.
Answered on Mar 27th, 2012 at 11:19 AM
When a person gets a DUI they are taken to the police station and normally held overnight. During this time they are tested again for a BAC and booked. As part of the booking process they have their finger prints taken. Your friend's cousin has different finger prints than the person arrested. In cases like this the court will compare finger prints and clear your friend's cousin. As the owner of the car you are not subject to arrest because your friend drove the car when he was DUI.
Answered on Mar 27th, 2012 at 11:18 AM