As a DUI attorney you get to hear a lot of stories from people about how they got into trouble. Some are more interesting than others. Some are stranger than fiction. Some are just outright unlucky. But, no matter how the story begins or ends, you driving the car must be involved somewhere. If it isn't there can't be any DUI charge.
But that doesn't stop the prosecutor from trying to put you in jail.
Let's take an example I recently heard from someone. There was this guy, he was celebrating a very special occasion. And he was getting tanked. At some point during the night, he realized he didn't need to be driving home and gave his keys to someone to hold. And then he continued to party.
The next thing he clearly remembers is waking up on the side of the road with his car in the ditch. He is in the passenger side. And the passenger side of the car is wrecked. He isn't 100% sure of who was driving, but he knows it was a girl, and he knows she is running away from the accident.
Cops show up, he says he wasn't driving, and they arrest him for DUI. Now he's looking for a DUI lawyer to help him out (he had a public defender but wasn't too pleased with her).
The difficult part of this case is going to be getting the prosecutor and/or jury to believe that someone else was driving the vehicle. The good news is there is an independent witness that saw someone running from the scene of the accident.
If you find yourself in trouble like this, don't wait to talk to a DUI defense lawyer. Demand to talk to someone right away. It can make a huge difference in your case.