Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.
You should discourage your daughter from doing anything but telling the truth. The DUI charge while serious will probably only carry a fine and a small jail sentence if it is a first offense. Her boyfriend could serve days in jail and be out.
You may want to relate to your daughter XXXXX XXXXX's story. She tried to get out of a fine by lying/committing perjury. She ended up getting 3 years in Jail for perjury.
You should tell your daughter her jail time could far exceed the boyfriends time. You should let her know that a conviction for perjury could limit future employment options. Your daughter should understand she faces a much greater penalty the her boyfriend.
You should remind her that DUI is a serious business which could get her or other innocent people hurt. Lying enables the continued risk boyfriend poses to the public and her.
If your daughter still insists on perjuring her testimony you would be well advised to hire an attorney to try to prevent you daughter from testifying, or at least prepare her to testify so perjury won't be found.
sadly i don't think she is thinking clearly. This is his second offense and he is still on probation for his first offense. their relationship is very up and down don't even know if i would call it a relationship however my other concern is her 3 kids, my grandkids and if she does go to jail impact on them. She is not seeing clearly. If she does perjury herself will the DA require me to testify given that she spoke to me after both police visits. He was arrested at her house when he got there for DUI with an BAC of .20. it's a messy situation
If the DA wins his case against the BF or a plea bargain is reached I don't believe the DA would come after your daughter. If the case is lost because of your daughter's testimony then it is a distinct possibility. It depends on the DA and the county.
If the DA is unaware of the conversations you had with you daughter then it highly probable;e you would not be asked to testify. If you have disclosed the communication with your daughter the DA would probably subpoena you to testify.
You need to make you daughter understand that she could lose the children if she perjures herself. You might want to get an attorney for her to speak with her about the penalties involved on lying on the witness stand, or lying to police. An attorney might be able to help her with testimony that could not be considered perjury, and not helpful to the DA