QUESTION
Can two drivers get charged for DUI at one scene?
Asked on Oct 21st, 2012 on DUI/DWI - Michigan
More details to this question:
We were pulled over to the curb on a slope. Outside of the vehicle. CHP sees us, no one of 3 people inside, keys not in ignition. Both my brother and I were charged with DUI. I was placed in patrol car without seat belt and cruiser was hit by car.
8 ANSWERS
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes. From the iPad of Mike Nichols, excuse any typos.
Answered on Jun 26th, 2013 at 9:53 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
It is possible that both of you could be charged with DUI, but unless they can establish that one or both of you were driving, and at the time of driving you (or each of you) had a .08 BAC or higher, then you should not necessarily be convicted. Both of You need to speak to a DUI attorney in your area. There are a lot of potential defenses to the your cases.
Answered on Oct 23rd, 2012 at 2:45 PM
Michael Paul Vollandt
You can not be charged for driving the same car at the same time unless you were sitting on his lap and both of your were driving. If you started driving and then your Brother changed from a passenger to a driver it is two DUIs.
Answered on Oct 23rd, 2012 at 2:44 PM
Michael J. Breczinski
Do not say anything to the police. They are doing that because they do not know who was driving. Get a lawyer and fight the matter.
Answered on Oct 23rd, 2012 at 2:43 PM
Sure, as long as they can prove you both drove at one time that night. Both of you need to hire a DUI specialist, and do it soon because both of you have only 10 days to save your licenses.
Answered on Oct 23rd, 2012 at 2:43 PM
3 Awards
Sounds like a fun trial on the DUI - for each of you. If you were injured, we can work on that too.
Answered on Oct 23rd, 2012 at 2:42 PM
Yes this can happen. If you were both under the influence of alcohol and someone drove the car they can charge you both. Now it is your attorneys job to prove you were not the driver.
Answered on Oct 22nd, 2012 at 8:40 PM
They don't know who was driving so they charge both but that strategy blows up on prosecutor at trial because reasonable doubt should prevail for both if defended properly.
Answered on Oct 22nd, 2012 at 8:40 PM