can or will my dui charges be dropped or dismissed if i was not accuatally th driver upon the submission of the person who was ?

UPDATED: May 6, 2009

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can or will my dui charges be dropped or dismissed if i was not accuatally th driver upon the submission of the person who was ?

when the chp arrived to a minor traffic incident myself another passenger and the acctual driver stated that i was driving to avoid the acctual driver from getting a ticket for not having his drivers lic. after a FST i was arrested per sec. 40300.5 CVC iin violation of 23152 or23153 CVC or sec. 191.5 of the PC.acctual violations on the evidence report are 23152(a)-VC and 11550(a)H&S of which the latter i am no longer being charged with. there is only one count -VC sec. 23152(a).

Asked on May 6, 2009 under Criminal Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You have gotten yourself into a real problem here, because you lied to the Highway Patrol.  I very strongly recommend that you talk to a lawyer as soon as possible, if you haven't already, and one place you can find an attorney is at

It is at least possible that you could be charged with obstructing justice, or some similar charge.  It may also be very difficult to set the record straight in court, without having at least one of the other two people who were in the car come along to back you up -- and they, too, will be admitting to lying to the CHP, just like you.

Of course, if you do succeed in getting yourself out of this (and please don't expect to get completely off, I would think you will be ordered to pay court costs at the very least), the actual driver will be hit with the charges he should have had in the first place.

Lying to the police, to help a friend, is a bad idea.  Your friend will get the same trouble, before too long, and it is often worse, and you get a whole basket of troubles all your own for doing it.  And yes, you both will get caught, it is only a matter of time.

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