A question for all you law boffins, if someone was drinking to the point of blackout and woke up in their car?

Songbyrd JPA âœ¡ Jewish Lawyer

Were they in the drivers seat? And you have said it was their car, then they will likely be charged with DUI.
Could someone else have been driving, had the accident, and put them in the driver's seat and run away? Yes. Is the District Attorney going to believe it? No. They will file the charges against the person found in the car.

jsmack19

In court, it still has to be proven that the person was drinking and operating the vehicle.

sensible_man

A story like that will not hold water in court. Just being legally intoxicated and having access to your keys can get a conviction in court.

mlwmax

Who owns the vehicle? The offencse of being unfit through drink or drugs is pretty far reaching for just this reason, it is very unlikely they will not be charged.

They would most likely still be in trouble as although there maybe some doubt about who was driving, there is no doubt that at some point they were in the vehicle alone and they were intoxicated, they will therefore fulfill all the neccessary requirments of being under the infleunce!

Also its pretty easy to figure out who was driving, especially if they were wearing the seat belt....the belt marks would cross from the right shoulder down the chest if in the drivers position (for uk car) or opposite for left hand drive. Also airbag deployment normally leave tell tell clues, such as burns and powders!

krollohare2

If its your car. You have the keys in hand, and there's no one else in sight; then I would imagine you would be charged with driving while under the influence of your drug of choice, and likely a jury or a panel of judges would indeed conclude you were guilty. That is unless you can prove that someone else was driving and you were set up.

But the presumption is you were in control of the vehicle.

laughter_every_day

The POSSIBILITY of an innocent explanation does not preclude being charged and convicted of the DUI. Instead, cops investigate to find the most likely explanation. So, the cops will want to know who owns the car. Who had the keys. Where had the person been drinking. when did the person leave. What did witnesses to the accident see. The cops make the arrest if it is probable that the person committed a crime. The reports then go to the DA who decides whether to bring criminal charges. Ultimately, the jury decides if any doubt amounts to a reasonable doubt, or just speculation.

JZD

The charge (in the UK) is being drunk in charge of a vehicle and this scenario has been litigated many times.

If the drunk is in the drivers seat and the keys are in the car, he's bang to rights.

If in the passenger seat, it's up to him to show the car got to where it is without his involvement; otherwise the presumption will apply that he put it there.

Obviously if he's curled up in the backseat in his garage then he's got a better alibi.

editor@bcdisabilities.com

Depends on auto/insurance law where you live and whether there is evidence suggesting an unreported accident to which you might be linked. Lack of mens rea (criminal intent) occasionally still defeats a charge even in these circs but it would no doubt cost you plenty.

sgoldperson

They better hope they were in the passenger seat when they woke up and that the cops were there when they woke up. IF they were caught driving they would get the DUI as well as any other charges that apply. If they were the passenger then no big deal. The fact that they got in the car and drove under a blacked-out State ISN'T going to defend them. The truth is they still drove after they had gotten drunk. They should have given their keys to the bartender if they planned to get that drunk.

DAWN J

it depends on whether they can prove they weren't driving the car.if they woke up in the passenger seat then i presume they weren't driving.but forensics would be able to tell who was driving the car.

placktopar

If the defence of the accused was he was not driving, and that he was framed, then he would have to prove that. It's up to the police to believe his story.

Atavacron

If they're in the driver's seat, particularly in their car, they are assumed to be the driver, so any charges related to the crash are theirs. Depending on the accident the charges could be DWI, reckless driving, vehicular manslaughter or anything else they can be charged with.

It's essentially up to you to prove you weren't driving.

Pojo

Hopefully the harshest crime possible. You could have killed someone or a whole car of someones. And since you were passed out you can't prove a darned thing.

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