My car slid off the road into a ditch below my friends house. We tried to get it out but couldn't. It was pouring rain and cell phone recept...

Question

My car slid off the road into a ditch below my friends house. We tried to get it out but couldn't. It was pouring rain and cell phone reception in this area is sketchy at best. We came back to the house and decided to figure it out in the morning being that it was 12 30am. The cops came up to the house 2 hours later and are trying to charge me with a DUI and fleeing the scene of an accident. I took a blood test (results pending). At the time I told the cops I hadn't drank since the bar, but I did have a couple beers when i got home. If I fail the blood test can I argue the fact that my BAC was higher because of drinking after the fact?

Answer

As always, you would be better off if you had not answered the door or if you refused to talk to the police. I'm not quite sure that I understand all of the details. But at this point you need to have a conversation going over all of the facts with a good criminal defense attorney. You may call me at 415-336-7534 for a free consultation.

Answer

In cases such as yours, the defense is usually that whatever the BAC is shown to be, is the result of drinking AFTER driving. This is usally a matter of credibility and proof. After about 25 years of handling cases like yours, we have found the DA will resist this defense, so the more proof the better. You should obtain the best attorney you can afford to fight hard for you.............. David Wallin

Answer

Your question has the answer built in:

Can "YOU" argue xyz? Where would you argue that? Who are you planning on telling?

First, you already lied. So anything you say would be subject to attacks on your credibility. Second, it will appear VERY ODD that you did not mention to the cops that you drank after the accident, at the time of your arrest. A LAWYER may be able to keep your statements out of evidence at trial, no Miranda. But your suddenly remembering a week or a month after the incident that you are not guilty, after you have searched the internet for excusesdefenses, is always suspicious. But one thing we can all agree on. if you had not given a statement, and instead told the cops you would gladly, happily give them a statement as soon as your attorney got there, you would not be facing DUI charges.

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That would be a valid defense as it would be difficult to gauge your blood alcohol level at the time of driving.

Answer

Your alcohol level at the time of driving is critical. You need an attorney for the DMV hearing and court proceeding. Your attorney should be handling everything for you. Stop talking!