Legal Question in DUI Law in Washington

drunk driving collision

If two people were drinking and hit a utility pole. One was injured and the other left the accident scene.

the injured had a high BAC, and cannot remember if he was the driver. And was not told at the hospital.

If he was driving ,,would he been arrested at the hospital?

He was discharged 3 hr later at the hospital.

he spk to a police officer,,and only knows because I told him.

we try and get a police report,,but the request may take several days.

were confused..

we just want to know if he was driving or not..


Asked on 5/02/07, 2:12 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: drunk driving collision

Arrest in a DUI case is discretionary on the part of the officer. So, the fact that he was not arrested at the hospital does not mean he is not going to be charged. The investigating officer will look at things like: where was he seated, was the seat adjusted to his height, where were the keys, who owns the vehicle, why did the other person leave? How do you know that he had a high BAC? Talk to the other person and find out what they have to say. Contact me directly to follow up with this question.

At your service,

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Answered on 5/02/07, 3:05 pm


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