My son got charged with DUI. He was repairing a flat tire by the side of the road wen a cop came by and “helped” him. The cop did not ever see him drive. How can he be charged with this?
The DUI charge sounds weak and likely able to be challenged. To answer your question definitively there are many details that would need to be asked.
I am assuming your son was the only adult present that was licensed to drive. Depending on the conversation your son had with the Officer he may have stated a time frame when he last drove. If that is the situation, it is possible depending on his blood alcohol level at the time of the conversation with the Officer to calculate whether he was over the limit when he admitted to last driving. Absent some basis for the Officer to know he was driving and know his blood alcohol level, I think it will be difficult to prove the DUI. These case are very fact specific. If your son would like to give me a call, I would be happy to speak with him for free to get all of the facts. My name and number is Miguel m. Debon 470-375-9441 and I am located in Lawrenceville, GA.
