What can I do if I was charged with a DUI after I was inside my residence and consumed alcohol there?

UPDATED: May 7, 2015

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What can I do if I was charged with a DUI after I was inside my residence and consumed alcohol there?

The police say they have a witness but I was not driving. The driver left the car and I was close to home, so I walked. The car that saw the driver cross the center line followed me to my residence and 20 minutes later the police where at my door. This happened at night and on a side street, the witness did not turn around immediately and by the time they followed me, the driver was gone and I was almost home.

Asked on May 7, 2015 under Criminal Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Legally, if events happened as you describe, you would not face criminal liability. Practically, if someone is going to testify that you drove and you then afterwards tested as having had drinks, it will come down to credibility: who is more believable, you or them? Whose story fits better with the other facts? If the police witness or other evidence is credible, you could lose--you should retain an experienced DUI/DWI attorney to help you and take this very seriously.

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