It is likley that the DUI/DWI statute is a strict liablity offense. That means it doesn't matter what the underlying facts are, if you violated the statute you are held liable. I would have this person consult with criminal defense attorney immediately. There may be some defenses that would mitigate the charges/ sentence. Best of luck.
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The best person to answer this question is the accused's attorney.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
If you were charged with drinking and driving, retain a local criminal lawyer to defend. Report the accident to your insurance company to resolve.
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