Feature Article
When Can a Passenger Be Charged with a DUI?
Most people believe that only drivers can get charged with a DUI. However, that's not the case. There are situations in which passengers can also get charged with DUI. This revelation can come as a shock to people who assume that as long as they're not driving, they're not breaking the law. In this article, we'll explore the circumstances in which passengers can get charged with a DUI and how to avoid this legal predicament.
Drinking in a Vehicle as a Passenger
Drinking while in a vehicle as a passenger can lead to a DUI charge even if the passenger isn't driving. For instance, if the passenger is holding a container with an alcoholic beverage while sitting in the car, a police officer can charge them with an open container violation. If the driver is caught driving under the influence, the passenger can also get charged even if they're not driving. To avoid this, passengers should never drink in the car or ride in a car with someone who is driving under the influence.
Being In Control of the Car
In some cases, passengers can get charged with a DUI if they're deemed to be "in control" of the car. For example, a passenger may take the car keys from a driver who is drunk and take control of the car. Or they may sit in the driver's seat and hold onto the steering wheel while the driver is in the passenger seat. If law enforcement officers witness this behavior or the vehicle is involved in an accident, the passenger can get charged with a DUI. This underscores the importance of not taking control of a vehicle while intoxicated.
Allowing Someone Else to Drive While Intoxicated
If a passenger knows that the driver is intoxicated but still allows them to drive, they can be charged with a DUI. This is because the passenger contributed to the DUI by allowing the intoxicated driver to drive. It's important to never let someone who is under the influence get behind the wheel. Instead, call a taxi or ride-sharing service to get home safely.
Underage Drinking While in a Vehicle
In some states, passengers under the legal drinking age can get charged with a DUI if they're caught drinking while inside a vehicle. Even if the passenger isn't intoxicated or driving, they can get charged with a DUI if they're caught with alcohol in their possession. This charge can lead to severe consequences, including losing their license and having a criminal record. If you're an underage passenger, it's critical to avoid drinking or possessing alcohol while in a car.
Driving in a Car with Controlled Substances
Passengers can also get charged with a DUI if they're caught driving in a car with controlled substances. Even if the driver of the car is sober, having controlled substances in the car can lead to a DUI charge. Passengers should avoid driving in a vehicle where drugs or other controlled substances are present.
How to Avoid a Passenger DUI Charge
The simplest way for passengers to avoid DUI charges is to not drink while in a car, never allow someone else to drive while intoxicated, avoid getting in the driver's seat, and avoid traveling in a car with controlled substances. Additionally, if a driver is pulled over and charged with a DUI, the passengers should cooperate with law enforcement officers and not attempt to take control of the car.
In summary, passengers can get charged with a DUI under specific circumstances. Drinking in a vehicle as a passenger, being in control of the car, allowing someone else to drive while intoxicated, underage drinking, and driving in a vehicle with controlled substances can all lead to a DUI charge. To avoid this legal predicament, it's important to be mindful of these behaviors and avoid them. Passengers should prioritize their safety and the safety of everyone on the road by taking steps to prevent DUI charges.
Passenger Charged With DUI, Legal
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