Can I be convicted of a DUI if I testify that I was the actual driver of the car when my friend was intoxicated at the scene and said that she did it?

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Can I be convicted of a DUI if I testify that I was the actual driver of the car when my friend was intoxicated at the scene and said that she did it?

She was arrested and I didn’t know they thought she was driving. They never performed tests on me. I was the driver but not charged.

Asked on May 28, 2015 under Criminal Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes. If you testify in court that you were the DUI driver, that testimony can absolutely be used to convict you--it's even better than a confession made to a police officer, since it would made under oath "on the record"--there was be an exact written transcript of what you admitted to.


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