Legal Question in DUI Law in Washington
DUI- hit and run
My brother is 26 years old, he does not work, and has been under psychiatric care for two years for depression. He lives with my mother but is very reclusive and keeps to himself. He is taking prescribed medicine for his mental condition per his psychiatrist. My mother noticed he has been drinking lately and has been very concerned.
Last night he hit a parked car while intoxicated. My mother and I are concerned that he will be put in jail. The police allowed him to go to the hospital, he had tests done on his heart and brain, they took blood and urine samples. He was allowed to go home after that. The police said a letter would be coming in the mail but that was all. We do not know what his blood alcohol level was, no one would tell us.
My brother says he blacked out and cannot remember anything. He was dazed, unable to speak, apparently in shock the whole night. In a case like this, where there is an individual who is not mentally competent, but yet has committed a crime will they go to jail? I really believe he will harm himself if that is a possibility.
My mother and I are trying to learn as much as we can, about his rights in this matter. I appreciate any advice given!
2 Answers from Attorneys
Re: DUI- hit and run
There are a number of factors to consider in a case like this, and I would need more information to be of any real help. For example, what court will the charge be filed in? This matters because judges and prosecutors vary in the factors they consider important when prosecuting a case. You can find some information about DUI defense at http://heidihunt.com/duidefense/
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Re: DUI- hit and run
How your brother's case will be prosecuted will depend upon a number of factors. Initially, the case is under investigation and there will be no action taken until the police reports are reviewed by the appropriate prosecutor. If there were no breath tests taken, and only blood a test, then then that blood test result will take a number of weeks to process by the state laboratory. Then, the issues of how the case will be charged will be decided by the prosecutor. Then, you have the aspect of how the case will be defended and ultimately, if there is a guilty plea or finding of guilty by a jury, what the sentence will be. If there is a legitimate medical reason against your brother being incarcerated, then that would have to be medically documented and presented to the judge. This is a very complex situation and your brother will need very good representation. If you have any questions, you may contact me at my office. Good Luck to you and your brother.