DUI after-the-fact

Business 5 views 3 answers
Hypothetically speaking: My boyfriend and his friends were pulled over back in Feb. for suspected DUI. My boyfriend was the driver; however at the time the officer was pulling over, my boyfriend and a friend switched seats. The friend took the fall and was tested and arrested for a DUI; however, he has recently changed his mind and is asking for my boyfriend to testify to driving the vehicle. I am worried that my boyfriend can be charged after-the-fact with a DUI. The arresting officer did not complete a breathlyzer test or a Field Sobriety Test on my boyfriend. Could my boyfriend face DUI charges or any other legal charges like obstruction of justice if he testifies to being in actual physical control of the vehicle?

Attorney Answers

3
David Damore ·
The DUI as it applies to your hypothetical boyfriend probably is gone. However, he could be charged with obstruction, false info etc. He needs to hire an attorney and get advise in your jurisdiction unless you both intend to let his innocent friend take the fall. Do what's right and don't continue to perpetrate a fraud and let an innocent guy be punished for something he didn't do.
0 upvotes
Edward Blum ·
I don't practice in AZ. He doesn't face DUI charges. He may face obstruction charges. He needs to consult with a lawyer because the friend can subpoena him in to testify about it. Same with other friends in car. Edward J. Blum
0 upvotes
Robert Dodell ·
I agree with the other contributors. I have been through this situation before in Arizona. No DUI, but likely a false information, which is a misdemeanor. He should have an attorney to minimize the damage and do the right thing so his friend does not take the hit. Feel free to contact me if he is ready to take care of the matter.
0 upvotes

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