It can often be difficult to defend against a DUI, especially if police officers test blood alcohol content. Recently, a California man tried to help his DUI defense by allegedly switching seats with his passenger who the pair believed was less intoxicated. However, officers noted that both individuals were under the influence and arrested the pair.

The incident took place following a hit-and-run collision in Petaluma. Police pulled over a car around 9 p.m that matched the description of the vehicle involved in the collision. Inside the vehicle was a 28-year old California man and a 28-year-old woman from Wisconsin.

Police found out the pair had switched seats after the crash but prior to the police locating the car. They learned of the switch while interviewing the subjects. Both the individuals in the case had blood alcohol levels that were more than double the legal limit, causing police to question the choice to change out the driver. They believe it may have to do with the fact that the alleged driver was on probation for a previous DUI offense.

Those who are arrested on a DUI offense in California can face serious consequences, particularly if they have previously been arrested on similar charges and are on probation such as this subject. A person’s DUI defense options may vary depending on a variety of factors, including whether there was an accident, any prior offenses and how much the individual cooperated with police. Speaking to a lawyer in the state is a good first step for anyone facing such charges.