My boyfriend got in an accident last night. He swears that one of his friends that he had ran into was driving his car. Because he was drinking, he panicked and ran from the scene of the crash until his father came and took him back to it. The two guys who were with him have prior DUIs and are saying that he was driving. My boyfriend just got his license back in April after having his license suspended for a year for a past crash that was his fault involving alcohol. I did some research and it says that there is minimum 20 day jail sentence and 3 year license suspension. This is completely out of character for my boyfriend and I do believe that he wasn't drinking. What are chances he's still going to have to get the blame for this?
2 Answers from Attorneys
No way to know (in my opinion) based upon these few paltry facts and manifold unknowns regarding the situation.
From what you describe it sounds like it would be difficult for them to prove DUI, but they may try to charge with Hit and Run (a Felony). If the two other people in the car stick to their stories it may be difficult for your boyfriend to contest the charges, but difficult does not mean impossible. Often when subjected to good cross examination by a lawyer such stories fall apart. In addition, the other driver or witness(es) may have some information which is consistent with your boyfriend's story. He should make an appointment with a criminal defense attorney as soon as possible for a full consultation.
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