wierd DUI case

[greystang]

What is the name of your state? Illinois

On January 20th i was charged with a DUI, but the thing is that I was not found in a vehicle or with any keys on me. A friend of mines car was involved in an accident (no injuries or damage to anything) and I was really drunk. Im not sure what really happened that night. I am an alcoholic and when I drink I get blackouts. I was taken to the hospital because I was goin in and out of consiouncness (sp?). According to the police report I never admitted to driving and at that point they didnt know if i was driving. My sister came to the hospital, this all happened between 2-3 in the morning, and she was told by the police that they dont know who was driving but if they can prove I was they will arrest me.
On Feburary 10th I recieved a call to meet an officer at the police station cause he had some questions about that night. I went and told him that all I remember is having a (1) beer and dont even remember being in a car. He told me that in the hospital I had stuck by the same story but he was placing me under arrest.
In my police report he stated that when he asked me on Jan 20th if I was driving, my response was "I think so." But this statement dosent go along with anything that I was told or what my sister had been told.

What i am asking what proof do they have I was driving and if i have him on tape saying that I stuck with my story about not driving and he wrote the opposite in the police report do i have a case in which the police fabricated the report.\

Thanks for any help.

[CdwJava]

Well, since you blacked out and cannot remember being a passenger in the car, you may not be in a position to dispute the claim.

The state will have to show that you are driving beyond a reasonable doubt. However, if the witnesses at the scene of the collision only saw YOU, then you may be out of luck. If you were drunk and stumbling, injured, a few blocks from the collision you might have a better chance of arguing it was NOT you.

Also, if your friend who owns the car says he let you drive the car then that will play against you big time! What does the friend say about the car? Who had it?

Bottom line is that its time to get an attorney. And it well past time to get some help for your drinking! You are a danger to everyone on the road! If you only put yourself at risk, I'd say, "Have another drink!" But since there are innocent people on the road, I suggest you stop that drinking - or at least the driving - before people are killed.

- Carl

[greystang]

no one actually saw any accident, a cop driving by saw the car on the side of the road and stopped. There was a group of us at the bar that night and my buddy had me hold his keys cause i had bigger pockets but he went home with a girl and dosent even know what happened that night. I have gotten an attorney but I just trying to see what others think. I actually havent been drinking since and have gone to alcohol counseling a few time since then (on my own will not of my attorney or the court). I have never in the past driven drunk and dont believe I did this time. The accident happened about 15 miles away from the bar and in the condition i was in would have probably crashed alot closer to the bar. I had to be taken to the hospital by ambulance because about every 30-60 seconds i would pass out cold and only responded to external stimuli ie. sternum rubs and the such.

[greystang]

anyone got any help? Thanks