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I don't know where you think you live... but where I come from, If someone gets hit by a car, and alcohol is even remotely involved... This person WILL go to trial until proven innocent...
If the driver is completely sober, and is legal (liscence,insurance, tags up-to-date, etc.) then there is no charges pressed.
DUI first offense, usually 24 hours... 2nd offense usually 48 hours, then thirty days, then ninety days, then a year...
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