QUESTION
What will happen if my husband was arrested for DUI, but the problem is that he was not driving, is our car in trouble?
Asked on Dec 26th, 2012 on DUI/DWI - California
More details to this question:
I decided to stop in a gas station and my husband was checking the car he was under the influenced, someone call the police and at arrival they asking to do all kind of position, then arrested him. I was not interrogated or tested.
9 ANSWERS
Gary Moore
It sounds like you have a plausible defense for him, he was not driving.
Answered on Jul 07th, 2013 at 10:04 PM
Michael J. Breczinski
Well he will want to go to trial and have you testify that you were driving. Talk to his lawyer.
Answered on Jan 09th, 2013 at 6:37 PM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Everything us not as it seems in cases. For example, you did not state that you told the police that it was you driving and not him. I have seen cases where a spouse says they were operating the car to protect the other spouse. Not saying that happened here. Have his lawyer to see if the store had video cameras which may show that it really was you driving the vehicle. Otherwise it will be a 50/50 thing with the Judge to believe you or the witness.
Answered on Jan 04th, 2013 at 3:58 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's arrest. He/she would then be in a better position to analyze his case and advise you of his options.
Answered on Jan 04th, 2013 at 3:32 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Hire a lawyer and do not discuss this with anyone but the lawyer. It sounds like you guys may be able to beat this case.
Answered on Jan 04th, 2013 at 2:54 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Your husband will have a problem in raising that defense, which is that the assertion that the defendant was not the real driver is a ploy tried by lots of people, and it is rarely believed. However, if it is the truth, you could try it. If someone you or your husband is convicted of OWI, there is no direct effect on your ownership of the car, but lots of expenses go up, including insurance (which you must have and keep in effect). If the offense is not a first OWI, then look forward also to the cost of an Ignition Interlock Device, and the charge for an AODA, and for an occupational licence, and probably some others. You might benefit from retaining an experienced lawyer who can sometimes help you get a better result than you could get for yourself. Feel free to call our office for more information. Good Luck.
Answered on Jan 04th, 2013 at 8:02 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The fact that he was stopped or outside the car when the police stopped him and arrested him is irrelevant... if he was observed to have been driving. He is also in physical control of the vehicle. You do not say that you were driving, so I suspect that means that your husband was. As far as what will happen to your car. You will not loose it as a result of the arrest.
Answered on Jan 04th, 2013 at 7:12 AM
He has a valid defense that should be investigated and presented as soon as possible. Even if he doesn't have court yet he needs to speak to an attorney. Your car can be impounded for up to 90 days.
Answered on Jan 04th, 2013 at 7:09 AM
He better hire a DUI specialist soon, because he has only 10 days to save his license. Without a good lawyer, he will surely be convicted, driving or not.
Answered on Jan 04th, 2013 at 7:07 AM