When we think of driving while under the influence (DWI), we often picture people who are alone driving home from an event; however, some drivers are driving others when they are buzzed. If other people willingly got in the car and didn’t stop the drunk driver from driving, can they be criminally charged for their actions?
Passenger Accountability & DWIs
The written law is sometimes intentionally ambiguous, but when it comes to DWI, it’s crystal clear. The only people who can be charged with DWI are drivers; however, who is a driver?
A driver is anyone who directs or is in command of a vehicle, and under this definition, anyone who touches a steering wheel is a driver. Therefore, when passengers touch the steering wheel, they are converted into drivers.
This law means passengers can only be charged with a DWI if they touched the steering wheel of the vehicle.
However, passengers can be charged for other alcohol-related crimes.
Alcohol-Related Crimes that Could Impact DWI Passengers
While passengers can’t be charged with DWI under normal circumstances, they can be charged for other alcohol-related crimes.
Police can charge passengers for the following crimes during a DWI stop:
- Having an Open Container in a Vehicle: Passengers found with an open container of alcohol in a vehicle can face legal repercussions, even if they were not drinking from it at the time of the stop.
- Underage Drinking: If a passenger is under the legal drinking age and found to have consumed alcohol, they can be charged with underage drinking, regardless of whether they were driving or not.
- Public Intoxication: You may be surprised to learn that people can be charged with public intoxication while in someone’s car. Public roads and pathways are treated as public areas, and therefore, even if someone is in a car, they are technically on public property if the car is on the street. In fact, public intoxication laws apply to people even when they are in parked cars.
Implications of Passenger Conduct During a DWI Stop
Passengers should be aware that their behavior during a DWI stop can have legal consequences. Even if they are not driving, actions such as possessing open containers, being underage and intoxicated, or exhibiting disruptive behavior can lead to charges. It’s essential for passengers to understand their legal responsibilities and the potential repercussions of their actions when riding with a driver who is under the influence.
Charged with a Crime?
If you or a loved are charged with any alcohol-related crimes, Smith & Vinson Law Firm can help you fight your case! If you want award-winning representation on your side, look no further than Smith & Vinson Law Firm!
Call (512) 359-3743 now for a free consultation for your case!