law enforcement

Question

The defendant and his wife were involved in a car accident. The officer arrived shortly after the accident to investigate. The officer asked both the defendant and his wife who was driving and both say it was the wife. Later the scene investigation revealed that the wife’s injuries are consistent with her sitting in the passenger seat during the accident. The officer confronted the defendant with this information and the defendant then admitted that he was the driver. The officer smelled alcohol on the defendant. The officer administered field sobriety tests. The defendant failed the tests, was placed under arrest, and read the Miranda warning. Was the defendant in custody when he admitted to being the driver?

Answer 1

Were there other people injured in this accident?

Whether or not he has a license is undetermined here. Whether or not he was drinking also undetermined without blood alcohol test that proves it beyond a reasonable doubt. However, if he was trying to get out of a DUI by blaming his wife and there was bodily injury to ANYone... That's another charge. He's looking at Felony DUI. The fact of the matter is YOU'RE NOT ALLOWED TO DRINK AND DRIVE. THAT'S WHY IT'S AGAINST THE LAW. Because of situations like this. The wife doesn't deserve to be accused or lied on just because she tried to take the rap for it. She should be arrested for lying to the officers as well. No slap on the hand for this type of case. Anyone could have got killed because of it.