Q: Can DUI charges be based off accusations from two eye witnesses after an accident w/ no police involvement?
Here is the scenario in question:
Person A rear ended Person B going maybe 15 mph, no damage to person b car (only person a car sustained damage), person b accused person a of being intoxicated, then another person (person c) who saw it said they would act as a witness for Person B. Person A was extremely tired that afternoon due to frequent, habitual sleep disturbances they have had for many years (Which have been documented and for which person a has been prescribed meds, though person a rarely takes them since they make person a groggy. (Person a hadn’t taken them for weeks leading up to the day of the fender bender)
A: For someone to be charged with a DUI, law enforcement has to be involved. Eye witnesses can always testify to their observations and whether they smell alcohol or not. LEO must conduct investigation. For instance the responding officer or DUI unit would request field sobriety exercises and breath test. If the officer has reasons to believe you are DUI, you will be arrested and charged accordingly. If there were no FSE, no breath test, no DUI arrest, the state is not going to prosecute based on assumptions by non LEO eye witnesses.
A:
more info needed.
I doubt if a filing deputy DA would think there was enough to file.
usually, you needed a police officer to view/observe and take a breath or blood test.
if filed a good DUI will get it dismissed.
A: It would be extremely difficult for law enforcement to make a case for DUI without a chemical test. As you point out in your question, circumstantial evidence of intoxication can have numerous causes (including sleep deprivation). Therefore DUI charges based solely on citizen witnesses and their observations is highly defensible and unlikely to result in charges being filed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
