What can happen if some friends were driving around but the driver was drunk and no longer able to drive so the other with no license took the wheel?

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What can happen if some friends were driving around but the driver was drunk and no longer able to drive so the other with no license took the wheel?

They got pulled over for not having head lights on and switched spots because the other didn’t have a license. So the drunk one got a DUI. Now the drunk one wants to hire a lawyer to fight it and say that they weren’t the one driving. What can happen to both parties?

Asked on May 21, 2013 under Criminal Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So long as you did not get a citation for driving then under the circumstances that you have written about you have nothing to worry about because any incriminating evidence against you for alcohol in your system has long gone. Under the law, if you have to testify at trial you have the right against stating anyhting that could incriminate you under the 5th Amendment of our Federal Constitution.


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