Not every crash involving a drunk driver was the fault of the one who had been drinking before driving. Under Michigan law, that fact does not absolve the legally impaired driver of responsibility for drinking and driving. Even if the other driver receives a citation for the accident, the other driver could face a DUI arrest if police suspect him or her of driving under the influence.
For example, a recent collision resulted in the arrest of one driver, but he may not have been responsible for the crash itself. According to reports, a 21-year-old man supposedly drove a vehicle westbound on U.S. Highway 41 just before 9:30 p.m. on a recent Wednesday night. Another vehicle, driven by a 20-year-old man, pulled out in front of the other driver from a parking lot. The two vehicles collided.
Everyone involved had exited their vehicles by the time police arrived, so it was probably not immediately clear who was driving the vehicles involved. After conducting the field investigation, police accused the “victim” driver of impairment. Based on the alleged evidence gathered at the scene, police placed that driver under arrest on suspicion of drunk driving.
Like anyone else here in Michigan, the man taken into custody on suspicion of DUI may challenge any charges filed against him. Depending on the circumstances, numerous avenues of inquiry may be available in order to establish any reasonable doubt as to his guilt. This task could be made easier by seeking out the advice, assistance and experience of a criminal defense attorney as soon as possible.