possible dui charge

[jlong18]

Pennsylvania. On new years night i went to a friends house partied got drunk, i proceeded to drive home which was my first wrong move and i was about a mile from my house and crashed my car, when i did this i got out of my car looked at it then i was sitting in my drivers seat, car off half in the car half out and the cops came, they asked me if i had anything to drink i admitted that i did they gave me a field sobriety tested i failed they then took my to the hospitol and i was released to my parents im only 17 years old and 18 in less than two weeks, now although I know that i was driving, how can the cops prove i was driving, i mean if i said a friend of mine was driving and fled what would he be facing? because i really dont want a dui i mean i know i should just face the music but what would i be facing if i just went with a plea bargain and plead guilty, would would i be facing if i tried to say that i wasnt driving cause they had no proof i was driving? what could a lawyer do? would i be able to get it knocked down to a lesser charged if i did go with a plea bargain on not guilty? like what are my options? what am i facing?

[BigMistakeFl]

You were in the car, in control of the car, and no one will believe the phantom driver story. This may not be a standard DUI, this one involves an accident. You need a lawyer.

[j991]

1 - The phantom friend story is one of the oldest and most ridiculous cover stories used, and the cops will see right through it and can lead to more charges, so don't try it.

2 - You are guilty of the DUI. You were behind the wheel of the vehicle, therefore in control of the vehicle. That in and of itself is enough for the DUI. They don't have to "prove" that you were the one who was in control at the time of the accident. They have to show that you were in control of the vehicle when they arrived on scene, that you were drunk.

3 - (Opinion) You need to plead guilty to the charges. You will lose your license for time (anywhere from one to three years), attend an alcohol rehab course, pay fines, court costs, and serve either community service or probation (or both). That is all if this is your first offense.

[InsaneJane]

Didn't they ask you what happened? or what you were doing? Accident report?

Did they ask, or did you tell them when it happened?

[ERAUPIKE]

Originally Posted by jlong18

Pennsylvania. On new years night i went to a friends house partied got drunk, i proceeded to drive home which was my first wrong move and i was about a mile from my house and crashed my car, when i did this i got out of my car looked at it then i was sitting in my drivers seat, car off half in the car half out and the cops came, they asked me if i had anything to drink i admitted that i did they gave me a field sobriety tested i failed they then took my to the hospitol and i was released to my parents im only 17 years old and 18 in less than two weeks, now although I know that i was driving, how can the cops prove i was driving, i mean if i said a friend of mine was driving and fled what would he be facing? because i really dont want a dui i mean i know i should just face the music but what would i be facing if i just went with a plea bargain and plead guilty, would would i be facing if i tried to say that i wasnt driving cause they had no proof i was driving? what could a lawyer do? would i be able to get it knocked down to a lesser charged if i did go with a plea bargain on not guilty? like what are my options? what am i facing?

The police are not like your parents, they won't buy your little story. The consequences you are facing here are very serious and if you are willing to dole those out on one of your friends so you can avoid facing your punishment you may need some time in lock up. The bottom line is that when the police arrived at your totaled vehicle you were in control of the car. You were intoxicated at the time and failed several FST's and most likely a blood test at the hospital. You can see if the prosecutor wants to offer you a plea bargain but understanding the meaning of the term first. You need to offer something to him, like a plea or an admission of your obvious guilt. It saves the state from having to take the time to prosecute you and the money it would cost to give you a much harsher sentence. You are starting your criminal career early. I hope you learn to respect the laws of our society and stop assuming that you can do whatever you want with no consequences. At this rate you are going to see yourself in a level 4 facility by the time you are almost old enough to drink legally.