what's going to happen?

[Aj_2423]

What is the name of your state (only U.S. law)? California

General Info: I'm in Placer County, Roseville, California. I'm on felony probation since 2012, first charge was Evading later got a Poss. of Cont. Substance. MY gf is on misdemeanor probation for DUI - all (classes/fines/requirements done).

Situation: At the end of 2013, I picked girlfriend up from concert, we get in argument on way home and we stop car in middle of road. battery dies so we push car barely into the entrance to a parking lot when the cops pull up. I get arrested for "under the influence" and forgetting she had drank I said she was driving to avoid them hitting me with the DUI since I was getting an Under The Infl. So she also was arrested and charged with a DUI.

Question: So I have already taken a deal, took a violation for under the influence. She is still in court, and I am going to testify that I was actually the one driving not her. Can and/or will the DA try and charge me with the DUI now? Thank you to anyone who takes the time to respond, I truly do appreciate it.

 

[CdwJava]

What is the name of your state (only U.S. law)? California

General Info: I'm in Placer County, Roseville, California. I'm on felony probation since 2012, first charge was Evading later got a Poss. of Cont. Substance. MY gf is on misdemeanor probation for DUI - all (classes/fines/requirements done).

Sounds like the two of you might be able to walk together to AA/NA meetings.

Situation: At the end of 2013, I picked girlfriend up from concert, we get in argument on way home and we stop car in middle of road. battery dies so we push car barely into the entrance to a parking lot when the cops pull up. I get arrested for "under the influence" and forgetting she had drank I said she was driving to avoid them hitting me with the DUI since I was getting an Under The Infl. So she also was arrested and charged with a DUI.

Oops!

Question: So I have already taken a deal, took a violation for under the influence. She is still in court, and I am going to testify that I was actually the one driving not her. Can and/or will the DA try and charge me with the DUI now? Thank you to anyone who takes the time to respond, I truly do appreciate it.

You might want to speak with your attorney as you will be confessing to a crime. You will either be committing perjury as a witness in her trial, or will be admitting to guilt in making a false report to the police which resulted in her being arrested and charged with a crime - an offense that could land you in jail.

Before you decide to confess to a crime, you really should consult with legal counsel. With this flip-flop, your credibility will be pretty near nil so it's very likely you might put yourself in hot water without helping her at all.

Did SHE claim you were driving? or, did she take the hit and admit to driving?

Who had the car keys? Whose car was it?

 

[dave33]

What is the name of your state (only U.S. law)? California

General Info: I'm in Placer County, Roseville, California. I'm on felony probation since 2012, first charge was Evading later got a Poss. of Cont. Substance. MY gf is on misdemeanor probation for DUI - all (classes/fines/requirements done).

Situation: At the end of 2013, I picked girlfriend up from concert, we get in argument on way home and we stop car in middle of road. battery dies so we push car barely into the entrance to a parking lot when the cops pull up. I get arrested for "under the influence" and forgetting she had drank I said she was driving to avoid them hitting me with the DUI since I was getting an Under The Infl. So she also was arrested and charged with a DUI.

Question: So I have already taken a deal, took a violation for under the influence. She is still in court, and I am going to testify that I was actually the one driving not her. Can and/or will the DA try and charge me with the DUI now? Thank you to anyone who takes the time to respond, I truly do appreciate it.

I find it highly unlikely this will turn out how you are planning. Most likely, both of you charged and going to jail.

As Carl pointed out above...Consult with a lawyer.

To be nice, that was a rude thing you did by telling the cops she was driving. Just damn rude.