“Who Was Driving?”: How the Corpus Delicti Rule Can Save You in a DUI Accident Case

By: John Guidry

Accidents happen. But accidents that evolve into DUI cases present special problems.

• The Scenario: The police show up to a crash scene. Everyone is out of their cars, standing around. The cops didn’t see you driving. The other driver didn’t see who was behind the wheel.
• The Problem: To prove DUI, the State must prove you were operating the vehicle.
• The Trap: Since they have no proof, they ask you, “Were you driving?” You say, “Yes.”

Game over? Not necessarily. With an Orlando DUI accident lawyer at your side, we may be able to suppress that confession using a legal doctrine called Corpus Delicti.

Did you admit to driving after an accident where no one saw you behind the wheel?

Your confession might be inadmissible. Call John today at (407) 423-1117.

What is the Corpus Delicti Rule?

Corpus Delicti is fancy Latin for “The Body of the Crime.”

• The Rule: The State must establish that a crime was actually committed before a defendant’s confession can be admitted into evidence.
• The Application: In a DUI crash, if there are no witnesses and no physical evidence placing you behind the wheel, the prosecutor typically cannot use your own words against you to prove you were driving.

If they can’t prove you were driving without your confession, the confession gets thrown out. And without the confession, the case often falls apart.

Case Examples: When the Confession Was Tossed

1. The Hit-and-Run (State v. Hepburn) In State v. Hepburn (1984), a driver was charged with DUI Causing Injury and Leaving the Scene.

• The Facts: Hepburn admitted to being the driver.
• The Defense: There were no eyewitnesses. The pedestrians didn’t see who hit them. Even though the car was hers, there was no independent evidence placing her behind the wheel at the time of the crash.
• The Ruling: The Court suppressed her confession. Without independent proof that she was the driver, her admission could not be used. Case dismissed.

2. The Fatal Crash (State v. Colorado) In State v. Colorado (2004), a defendant was charged with DUI Manslaughter after a crash killed his passenger.

• The Facts: He had a .18 BAL and confessed to driving.
• The Problem: No witnesses saw him driving. The car wasn’t registered to him.
• The Ruling: The Court suppressed the confession. Even in a death case, the State must have independent proof (corpus delicti) before using an admission. The State was left with no case.

Note: Judges hate this rule because it often lets guilty people go free, but they are required to follow it.

John’s 2026 Update: The “Snitch” in the Dashboard

Note: In the past, if no human saw you drive, you could walk away. In 2026, the car sees everything.

1. Internal Cabins Cameras In Colorado, there was no physical evidence placing him in the driver’s seat.

• The 2026 Reality: Many modern cars (Teslas, etc.) have Driver Monitoring Cameras inside the cabin.
• The Evidence: Police pull the video file from the cloud. It shows you clearly sitting in the driver’s seat at the moment of impact. This is “independent proof,” meaning Corpus Delicti is satisfied, and your confession is admissible (or unnecessary).

2. Bluetooth & Telematics Who was driving? The car knows whose phone was connected.

• The Tech: Event Data Recorders (EDR) now log which phone was paired via Bluetooth and which seat belt was buckled.
• The Argument: Prosecutors argue that if John’s iPhone was connected to the driver’s side infotainment system at the time of the crash, that is sufficient independent evidence to place John in the driver’s seat.

3. Airbag DNA In high-stakes cases (like Manslaughter), the “Whodunit” defense is dying.

• The Procedure: Crime Scene Techs now routinely swab the deployed driver’s airbag.
• The Science: When the airbag explodes into your face, it captures saliva and skin cells. If your DNA is on the driver’s airbag, that is definitive proof you were driving, rendering the Hepburn defense useless.

Don’t Help Them Prove Their Case

The Corpus Delicti rule is a powerful shield, but it only works if we challenge the evidence. Never assume the police know what happened just because they are acting confident.

Call me at (407) 423-1117. Let’s see if they can prove you were driving.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.