Juvenile DUI question
My son was charged with DUI after he wrecked his car. He came home after the wreck and admitted to having a drink after the crash. He called me at work after the accident at 4:30 p.m., and in the meanwhile, came home, which he shouldn't have done, I know.
We went to his car about 3 hours later, to call a tow truck and have the car towed, and a police officer was there. (It was out in the country) He passed two field sobriety tests, but the officer took him to the station, where he failed a breathalyzer by just enough to be charged. (the limits are very low here in Ohio)
My question is, can he be convicted with DUI if a test is done several hours after an accident, and he admits to drinking after the accident, but not before? It seems to me that there is circumstantial evidence, and enough evidence to make a underaged drinking charge, but not enough evidence to prove that he was intoxicated when the accident occurred. Does he have a defense, at least enough of one to plead to a lesser charge?
2 Answers from Attorneys
Re: Juvenile DUI question
From what you have stated there are several defenses to the DUI charge, including the timing of the BAC test and the lack of probable cause to arrest.
Probably the biggest concern once the DUI charge is dealt with is leaving the scene of an accident (otherwise known as hit/skip). This is the same level of misdemeanor but doesn't carry the stigma of a DUI conviction.
You should definitely consider retaining an attorney for this. If this occurred in Central Ohio, contact my office to discuss further what can and should be done.
Re: Juvenile DUI question
Attorney Reynard is right. Plus, if there was no damage to anyone else's property, your son may not even be guilty of leaving the scene. May I ask what county this took place in?
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