Arrested for DUI and hit and run but not driver

Question: What are proper arrest procedures for a hit and run dui and if two people are involved. should both parties be arrested for the dui and hit and run? my boyfreind is fighting a case for three years and trial comming up he was the one being accused and the accuser is the actual driver.
Answer: Was your boyfriend (accused) and accuser in the same car? Is this a situation where your boyfriend owns the car and was a passenger, and the actual driver is the one who was driving for the accident? I’m not sure I follow what you are saying and asking. When did the cops arrive? did they show up soon after the accident occurred? I am assuming your boyfriend has an attorney since the case has been going on for 3 years. I would recommend having your boyfriend inquire with him as to why the other party is not being charged. I am assuming that one of the defenses in the case is that your boyfriend was not the one driving, so he should not have a DUI…etc. Depending on the court you are in, it would be the District Attorney or City Attorney’s office who decides whether or not to press charges against other parties.
Sincerely,
Phil Hache
DUI & Criminal Defense Lawyer