In Pa., can police charge a person with dui if they did not observe them driving or in possession of the vehicle.
Question Details: I let my brother borrow my car he had a accident with no injuries, moumnets later myself wife and daughter arrive on the scene, and soon after the police arrived. The police asked me some questions and took me into custody for dui. Note, I was drinking but I was not driving it's like they just wanted to pin it on somebody. Is there any case law on this subject?
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Unfortunately, the police can do what ever they want. They can charge you and attempt to convict you of the DUI, whether they will be successful is a different question. I would have to know many more details about the case in order to give an opinion. Please feel free to contact me any time at 215-825-5183.
Kind regards,
Gabriel Levin, Esquire
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