If I’m an exchange student from Germany, what should I do about a DUI?

I was drunk driving. Then my car broke down, so I pulled it over on the side of the street. I thought it was because my tank was empty, so I walked to the next gas station to buy a gallon of gas. I came back to my car and tried to fill the gas into the car. And then the police officer showed up and arrested me after I failed the field sobriety test and breathalyzer test. When he asked me who was driving I said I was. But they didn’t see me driving. What would be the penalty if I don’t fight the charge? Do I have to go to the jail? And can I still fight the charge even though I told the police officer I was driving?

Asked on February 11, 2013 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I suggest that you consult with a criminal defense attorney to assist you in the matter you have written about. Based upon your admissions of driving the motor vehicle and your failure of the field sobriety and breathalyzer test, there was probable cause to arrest you. Whether or not you go to jail depends upon whether you are convicted of the charge or obtain a decent plea deal.

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