I am twisting some of the facts so that I can get a clear answer. So lets say one of those issues is present. Like lets say hypothetically I was a passenger in a vehicle that was involved in an accident. The driver fled the scene. The cop comes and arrest me for DUI I refuse the Chem test. Lets say that 10 people saw me in the passenger seat of the car. Can the DMV still take my license?
The bottom line answer is going to be the same, you need to consult an experienced DUI attorney. Factors to discuss with an attorney will be who the 10 people are, when they made their observations, whether the observation was at the time of the accident, whether they saw the driver flee the scene, who the car is registered to, and various other factors. Good Luck!