“Yeah, but if you want to file an insurance claim I think you need a police report.”
Yes this is true. as for field sobriety tests I have failed those when I was stone cold sober. I was put under arrest. I just told the officer to get the brethalizer down and I would take it! He realized then and there I was not drunk and just sleepy. He ordered me home and to bed. (it was 4 am).
The problem is that a sobriety test would not have been very useful since even if she was totally drunk she could have started drinking AFTER the accident. Any two bit DUI lawyer could get you off on that alone.
This whole thing stinks to high heaven.