It’s pretty obvious what could happen to the driver of a car if they are suspected of DUI. They will likely get pulled over, asked to exit the vehicle, and a request will be made for them to submit to a field sobriety test. They may also be requested to submit to a breathalyzer. From there, it depends on how they fare on the tests.
Many may wonder, however, what about the DUI passenger? That would be the person or persons sitting next to and/or behind the possibly impaired driver. Naturally, they’re at risk if, indeed, the driver is under the influence. But is the passenger in a car driven by someone suspected of DUI at risk of legal consequences, too?
Legal Risks to a DUI Passenger
Let’s say you’re a passenger in a car that is stopped for a suspected DUI. Can you be charged with DUI? The short answer is, no. You might be cited under California law if, however, you possessed an open container of alcohol at the time (and this was observed by the officer). If in violation of the California open container law, you may well have your driver’s license suspended.
What if the possession of illicit/illegal drugs is suspected by the officer? In this case, passengers and the vehicle can be searched, provided the officer has probable cause. Just because a driver is suspected of DUI, however, does not validate an automatic search by a police officer.
When Might a Passenger Be Charged?
If you are determined to be under the influence of alcohol, as a passenger, an officer could decide to charge you with “being drunk in public”. Technically, this could even apply to a car that was parked.
The prosecution has a relatively rough time proving such a charge, however. In fact, the following must be proven for the charge to be successful:
- You were under the influence (willingly) of drugs, alcohol, or a controlled substance
- While you were under the influence, you were in a public place
- You are unable to provide care for others’ safety or your own
- You were obstructing, interfering with, or preventing free use of a sidewalk, street, or other public paths
Note: Any and all rights that apply to a driver suspected of DUI also apply to you as a passenger.
In Some Rare, Lucky Cases
It is not unheard of, if an officer is feeling particularly charitable, for them to ask a passenger if they will simply switch places with an impaired driver. This is, of course, provided the passenger is sober. Should someone get behind the wheel assuming this will be the case? Absolutely not!
If you feel you are even marginally impaired, it’s always best not to get behind the wheel of a vehicle.
Are You Facing DUI Charges? Contact Jackson-Bibby Awareness Group
Have you been ordered by the court to take a DUI class? To get your driver’s license back, do you need to enroll in a class? If so, we can help. We have both multiple offender programs and first-time offender programs.
We have offices in Barstow, Victorville, and Redlands, California. If you need to enroll in one of our programs, contact Jackson-Bibby Awareness Group today. If you have any questions, they may already have been answered on our FAQ page. If not, feel free to submit your question and we will do our best to answer you promptly.
To get an idea of how our classes run, click here to view the First-Time Offender Programs we have available and any associated fees.
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