Legal Question in DUI Law in California

I was involved in an automobile accident on November 20, 2009. I had been drinking. The police arrived and myself and my passengers gave statements. There was a significant amount of damage to my vehicle and to other parked cars. The only injury was to one of my passengers. I never took a breath test or blood so my b.a.c. was never determined. The passenger who was injured has a relative who works in the district attorneys office for this county and has spoken to the police just recently and told the officers that her daughters account of the accident given at the scene was not accurate and gave the officers what she claimed to be an accurate account. My questions are can a police report be altered after the original account has been given?I have not acquired a copy of the report as of now but I intend to do so since this information has come about. Can I be charged with DUI this long after the fact? It is march 21 2010 and to date i have not been contacted by the authorities nor has my insurance questioned me more about any wrongdoing. Any information would be greatly appreciated.


Asked on 3/22/10, 1:40 am

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Vehicle Code 23153, DUI with injury, is a "wobbler" that can be charged as a misdemeanor or a felony. The District Attorney has three years from the date of the incident to file charges.

The DA does not have to have test results to charge you. If you were driving, had an accident where someone was injured, and witnesses say you had been drinking and seemed impaired, you could be convicted.

The police report isn't being altered; there is simply new evidence being provided to the police. That happens all the time.

You will not be able to obtain copies of a police report of an ongoing investigation.

I understand that this situation is stressful, but you aren't going to make it better by trying to handle things yourself -- especially if you are trying to deal with the police.

From here on out, you're better off if you don't talk to ANYONE about this matter except a lawyer. If the police contact you, politely tell them you wish to remain silent -- then STICK TO IT. If arrested, tell them you won't answer any questions without an attorney to represent you.

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Answered on 3/27/10, 4:45 pm


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