If you weren’t in your car when the police came after a crash, can you plead not guilty for a DUI?

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If you weren’t in your car when the police came after a crash, can you plead not guilty for a DUI?

I crashed my car on the highway and pulled over to the side and turned off my car. I got out and was outside of my car when the police came. I said that I was driving because I was scared but my friend had actually left the scene. Would that mean I could get it dropped? It’s a second offense.

Asked on December 2, 2011 under Criminal Law, Rhode Island

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

One can plead "not guilty" to any criminal charge against him or her at the arraignment. That is one's Constitutional Right to do so. Given the circumstances that you have written about and the fact that the charge against you is your second offense for driving under the influence of alcohol or a controlled substance, I recommend that you consult with a competent criminal defense attorney.

You are probably aware that if you get convicted of your second DUI offense, the chances are that in addition to a steep fine, you will be jailed and your driver's license will be suspended.


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