You need to get a qualified criminal defense attorney at once. The Issue here is an identity issue. Your girlfriend should get separate counsel. Although she admits to drinking to you, since no field sobriety tests were performed and no blood was taken from her, it is really difficult to determine whether or not she was intoxicated.
Do you have witnesses that saw her do it? Again, you need to get an attorney ASAP. Certain evidence must be preserved ASAP.
-Attorney Scott Aaronson
Criminal Defense Attorney
Well your GF did not step up to the plate and tell the officer that she was driving, so I would concentrate on getting yourself out of this mess. Time to come clean and see what happens in court. I would also call a local criminal defense attorney to discuss your legal options before going to court.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
You will need a criminal defense attorney to assist you in this matter. If you were not driving, and never admitted driving the prosecution is going to have difficulty proving you were in violation of the law. On the other hand you are going to have difficulty protecting your girl friend.
As a second drinking and driving is very serious you should call for an appointment and engage an attorney now.
To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .
Call attorney Aaronsen. He knows what he is talking about. Do not wait and do not talk to the police until you have talked to an attorney.
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In addition to the answers you already received I would add that you and your girlfriend may have another defense that would cover both of you. You stated that the accident happened on your private property, but the law states that a person shall not drive intoxicated "upon a highway or other place open to the general public or generally accessible to motor vehicles." If you were "off-roading" on your own property I think you have a pretty good defense.
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First, you need to find a good criminal defense lawyer. Second, telling the truth is (as are parents always told us) the best policy.
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