deleted

When you're talking about dismissing the case, you're assuming that the prosecutor believes the parents who now say that she had drinks at home and that there were no drinks prior to that. That's a stretch as they are used to everyone lying to them and the parents didn't mention it at the time of the arrest. Prosecutors are more likely to believe LEOs, who are assumed (rightly or wrongly) to be impartial and they are likely to be willing to let a judge or jury decide the facts. However, it may lead to a better negotiated plea deal, especially if no priors.

blah

...officer detected the aroma of alcohol in the vehicle...

Cop here.

We are given a LOT more leeway on DUI accidents.

The arrestee's attorney should be able to determine the best defense.

If the girl has already done this before the parents probably shouldn't be enabling her.

IIRC in MN you can't drink after the accident and use it as a defense.
She can also be charged with leaving the scene.

She wasn't at the car and with a time lapse in between, no way to prove DUI. Get an Attorney. I was charged with DUI...two to be exact. They were both counted as first offenses even though they were within a month of each other. Could not prove I was drinking. Gave me a choice of two reckless or two DUI both first offense and sell the truck.(truck was fast) The DUIs did less damage than the two reckless.

gone

Interesting article from a Judge on the whole DUI tier thing. I'd not heard of it before. 

http://www.pennlive.com/living/index.ssf/2013/10/how_much_you_drink_affects_how.html

I'm not a cop. I work in health care. But there are a few bad elements to this story:

1. Drinking on the way home from work or before leaving work? What's going on at her workplace?
2. Prior DUI
3. After crashing due to alcohol, gets home and has a few more drinks? Of all the things someone could do after an alcohol-related crash, more drinking seems like a poor choice.
4. Has heavy anxiety.

This girl is medicating her anxiety with alcohol. High risk for addiction and alcoholism. She needs a psychiatrist and someone to give her a "come to Jesus" moment, before the criminal justice system gives this to her in a very harsh way. 

done

I'll admit I was laughing pretty hard at the "hypothetical" that was the first story.

25 year old girl with "severe anxiety" and prior DUIs who's parents pick her up from a car crash and take her home....

Here honey, have a few shots of fireball to calm your nerves before the police show up to talk to you about leaving the scene of an accident. It will be easier to convey your story once you've got a sufficient buzz.

The real story was much better once you explained you met your friend, with a prior history of DUIs, at the bar to have a few beers and a few shots.

Who the fuck invites someone with DUI's out for a few beers and a few shots? Let alone in an ice storm.

Thank god she didn't harm anyone else. I'm not saying your responsible for her actions, but hell, maybe the 25 year old with anxiety and DUI's isn't the best drinking partner??

Go back and read your post. Lots of excuses and rationalization going on there.

-Her anxiety isn't bad enough to drink heavily? And yet, she still has at least four drinks (a beer and a few fireballs). I take "few" to mean three or more. That kinda sounds like heavy drinking to me.

-She's only had one DUI. That's one more than most of us. Is it ok to drink and drive if you've only had one DUI? What about two? Is there a number where it's not ok?

-We've been out before in that weather and never had an issue. So what? Does this justify drinking and driving? Lots of drunks have driven home without an issue before, until they did have an issue. Just like her. 

-The county and township are SUPPOSED to plow, but they couldn't care less? She still bears the ultimate responsibility for deciding to drive.

-Leaving the scene of an accident. There's a very strong legal doctrine of "flight equals guilt".

-After having a crash where alcohol plays at least a partial role, she goes home with mom and dad and has some more drinks? The cops don't usually arrest you for wrapping your car around a tree. They definitely arrest you, and they should, for wrapping your car around a tree while drunk driving. That also points to an odd dynamic with the parents. Your daughter just crashed into a tree, after drinking. So they say, "Here ya go, honey. Have a couple of stiff ones to calm your nerves."??

I realize this isn't GD. But her behavior is sounding pretty GD-like. Anxiety, drinking too much, drinking and driving in poor conditions, leaving the scene of an accident and then going and drinking some more? 

A drop of one tier in her DUI is probably the best she can hope for, and maybe more than she deserves. Sorry if that sounds harsh, but this story isn't going to get a lot of sympathy from anyone, whether they're ARFCom, the prosecutor, the judge or the jury. 

And her parents screwed up too. As a parent, if my child called me and said she'd been in a wreck and needed help, I would go immediately. But leaving the scene was not a good idea. 

Buddy shortly after high school beat the cops to his house and tilted a fifth of whiskey.  Was arrested on DWI.  Using the same defense.  And either had it dropped or beat it.  

(He) Was in the front yard with the fifth when then cop pulled up.  I believe at the time refusal to blow was allowed and I don't think he did.  

This is in NM.  We are pretty much are known for DWI.  This was 15 or so years ago.  He had the best lawyer in small town.

I don't recall the incident that led up to interaction with the police.  

I know of people with more than a handful, literally, who got off on more than one on a technicality or they are locally connected.  I'm gonna guess it varies by location and political affiliation of the them and the family.

My sister was in a car with 2 other really drunk women. Crashed over a curb, into a tree. They were out of the car when police arrived and no one got in trouble. They said the cop said he couldn't see anyone in the car driving so he couldn't do anything. Not sure how true that part is or if the cop just let them off but it was a pretty fucked up situation.

More fucked up when I hear stories like your friend's, but maybe they just knew to keep their mouth shut.

She should expect 'leaving the scene' and any other charges they can find to be added.

Are you saying you are trying to help her out by concocting a lie to get her out of her self induced issue?

That would be called 'enabling.'

An ADA trying to make a name for the next election to DA might not be happy if your aid 'comes out.'

That's DUI and leaving the scene any way you slice it. Max legal limit is .08 BAC.