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My son 19 hit a tree in R.I. while drinking. He was not in the car when the police came can he be charged with a DUI

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Yes! That's like asking 'my son murdered someone, but when the police showed up he wasn't holding the weapon, can he still be convicted of murder?' doesn't matter if he was in or out of the car when the police arrived. point is he was driving while drunk.

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I believe so. He still hit a tree while drinking, correct? Then that would mean even if he was out of the car when the police came, he'd still be charged with DUI.

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Yes the same thing happened with my cousin he crashed his car into tree and they charged him a pretty big fine.

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Sure can!!

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Your under aged son drives drunk, hits a tree, and you want to know his legal standing? What if that tree had been a child? Would you still be asking this question?
The answer YES!

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Well it wasn't my son but a friend was telling me about her nephew and that the police had told her sister that .I found it hard to believe as well but wasn't sure .
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I would be more concerned about the son being drunk at 19, and driving.
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I totally agree .

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rshackleford

if he was at the scene, yes. if not they can't prove he was drunk, just that he left the scene of an accident.

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This smacks of practicing dishonesty !!
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It's responsibility of parent/s to inculcate good values in their children and bring them up as honest citizens. Drinking at age 19 is worrisome , making accident under DUI is troublesome and fleeing the scene is unpardonable . Having made an accident under DUI , he should have called the cops voluntarily & given honest statement. Hitting a Tree is as bad as hitting a human being as both grow each day ! One MUST not look for advise or means to protect an offender !!

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Of course he can be charged, not sure in your state how strict the law is there, but if I'm right they could also charge him with fleeing and can and may put on a warrant for your sons arrest, I would hire an attorney immediately.

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