Can two people be charged with the same dui?

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My son was the psgr in a one vehicle accident some 6 mos ago. Both he and the driver had been drinking. It was determined by the investigating ofcrs that my sons acquaintance was the driver because of the steering wheel impression on his chest. He was arrested that morning. My son was not. This case still has not made it's way to court. It seems the individual arrested has plead not guilty and will not confess to driving the vehicle. The DA has questioned my son and he has stated that he is 100% sure he was the psgr of the vehicle. He is now being told that the DA may very well charge my son with the same crime. Can they do that? He has not been lying to anyone and doesn't know how to prove his innocents. There were no witnesses.

Attorney Answers

2
Edward Blum ·
Yes. They can. What they are looking for is someone to be a witness against the other party because they're having trouble proving who is driving. If they charge your son it may be a race to see who can squeal on the other guy quicker. Your son definitely needs a lawyer to represent him. Edward J. Blum
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Karyn T. MissimerDUI / DWI AttorneyJanesville, WI ·
I agree with the first answer. Also, just because they charge a person does not mean they can convict the person/make the charges stick! A jury or judge may find your son not guilty if the other person comes to court and testifies s/he was charged with the same offense. Again, you need to consult with an experienced, local DUI attorney. You can find such an attorney through the National College of DUI Defense: www.ncdd.com. Good luck!
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