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What is Aiding and Abetting a DUI?
Aiding and abetting a DUI occurs when an individual knowingly encourages, aids, advises, or instigates another person to drive, or attempt to drive, while intoxicated. This crime could encompass numerous different behaviors, but the most common scenario involves a person turning their keys over to an impaired driver, and/or being present as a passenger when the driver is arrested for a DUI.
Could I Get in Trouble for Letting Someone Drive Drunk?
Many states charge crimes such as aiding and abetting a DUI, reckless endangerment, or gross negligence when a person allows another to drive a vehicle knowing that the person is intoxicated. The possibility of being held criminally liable makes it a risky proposition for someone to knowingly allow someone else to drive drunk.
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What are the Penalties for Being an Accompliant to a DUI?
A person who is convicted of their first DUI may receive jail time of up to 6 months and fines of up to $10,000. A person who is convicted of aiding and abetting a DUI can face similar penalties, regardless of how much the accomplice helps the drunk driver. The penalties associated with aiding and abetting a DUI increase in severity based on the number of times the person has been found guilty.
Is it Illegal to Have Car Keys When Drunk?
There is a lesser-known crime called "Drunk in Charge," which means you are effectively in charge of your vehicle when you are over the legal limit. Under the Drunk in Charge law, even being in possession of your car keys in the vicinity of your car could be grounds for criminal charges.
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Can Police Charge You With Drunk Driving Without a Breath Test?
In order to charge you with a DUI, the police must be able to prove that you have exceeded the legal limit. This is done by testing your breath, blood, or urine for alcohol.
Can You Refuse to do a Breathalyzer Test?
If you fail to complete a breath test, the police may ask for a urine or blood sample instead. If you continue to refuse, you will be arrested and charged with failing to provide a specimen.
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FAQs
1. How Can A Lawyer Help If You’re Accused Of Aiding And Abetting A DUI?
If you're accused of aiding and abetting a DUI, a lawyer can provide legal advice, represent you in court, and help build a defense strategy. They can negotiate on your behalf, seek to reduce charges or penalties, and ensure your rights are protected throughout the legal process.
2. What Should I Do If I’m Accused Of Aiding And Abetting A DUI?
If you are accused of aiding and abetting a DUI, seek legal counsel immediately. An experienced attorney can evaluate your case, advise you on your legal options, and represent you in court. Do not make any statements to law enforcement without consulting your lawyer first.
3. Are There Defenses To Aiding And Abetting DUI Charges?
Yes, there are potential defenses to aiding and abetting a DUI, such as lack of knowledge that the person was impaired, lack of intent to assist in committing a crime, or proving that you took steps to prevent the DUI. An attorney can help identify the best defense for your situation.
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If you or a loved one was involved with such matters, you should contact Schmidt & Clark immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.