Criminal Law Questions? Ask a Criminal Lawyer.
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I certainly understand her situation. It certainly sounds like she may have some legal defenses to raise and should 100% retain legal counsel, to represent her. The decision to proceed on the assault charge, is up to the State. While the victim can certainly express their desire to not press charges, the State does have the final say. Moreover, the success of the assault charge normally depends on the cooperation of the victim with the state, is appearing and testifying. If they fail to do so, the State may not be able to proceed. In addition, for an officer to arrest and charge someone for DUI, they need to be in actual or physical control of the vehicle. If the officer never saw the person driving nor observed any type of impair, prior to arriving, it is going to be hard to prove they were behind the wheel of the car AND impaired. As you stated, a person can consume alcohol once they get into their home, which is not against the law. Please let me know if you have any follow up questions or need any clarification on something which I stated above. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.