Two weeks ago, a friend of mine was run off of the road by a car coming head on. She ran into an embankment and got stuck. Luckily, no one was injured, no other vehicles were involved, and no damage was done to the car so they deemed it a non-reportable accident. However, the driver was breathalyzed and blew a .03 (in her state the legal BAC limit is .08). The police considered her good to go. One of the passengers, though, was found with a tiny amount of marijuana and written a ticket that night. The police helped by calling a towing company for them and stayed until they made sure her car was safely pulled out of the ditch. Yesterday, she filed a claim on her auto insurance to try to be reimbursed for the towing company fee.
My questions are:
-If the accident was non-reportable, is her BAC going to be on any sort of record or file that insurance would be able to see?
-I know that some may be charged with a DUI even if their BAC is less than .08 if they're considered to be impaired by the judgement of the police. She acted fine and completely sober but she DID get stuck in a ditch (although was ran off of the road). If the driver wasn't written a ticket that night, is it possible that here, two weeks later, they could get her for a DUI?
-Would a passenger possessing marijuana in the driver's car have any effect on the driver's auto insurance policy and/or claim?
-If the police had any intent to potentially try her for a DUI, is it correct that she would have been written a ticket that night as well and not allowed to leave in her vehicle?