Question: Last weekend, I was out with a friend and after some drinking, we were driving home and had to pull over to fix a flat. We were almost done and on our way and not terribly intoxicated. A highway patrol came and suspected us of drinking, because my friend who was the driver did not have his license and felt drunker than me, he claimed I was the driver. I felt I was less than .08 and had my license so I agreed. However, a breathalyzer was administered and I ended up blowing a .09 and got charged with a DUI. I now want to tell them the truth that I was not driving, can I avoid this DUI charge?
Response by Tomek Pilch: This is quite a sticky situation now and hiring a DUI Attorney to defend you would be absolutely recommended. First of all, it would be possible to confess you were not the driver aslong as your friend is willing to admit that as well. If your friend will not admit it and the other witness will not contest either, then it could be quite difficult and perhaps not possible to change the outcome. On the other hand, if they both agree and you are then verified as not driving, you may be able to drop the DUI charge, but will more than likely face another charge such as "Lying to a Highway Patrol Officer" which could be quite serious as well.
Do not agree to any questioning or provide statements without first speaking to an attorney. They will help guide you through this situation and due to your intoxicated state as a passenger, there may be a reasonable defense in having the "Lying to a Police Officer" charge dropped to a much lower penalty.
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