Driving under the influence (DUI) of alcohol or other drugs is a charge that usually affects drivers who are caught operating a vehicle while impaired. However, cases of passengers getting into trouble after the police stop a car for suspected impaired driving are commonly reported.
Some circumstances can result in such a situation. Here is what to know:
DUI charge
A passenger under the influence of alcohol can face a DUI charge if there is evidence that they exercised physical control of the vehicle. For instance, if they reach over to help steer the vehicle or were actually driving the car but switched seats with a passenger. Dashcam/bodycam footage or footage from traffic cameras can show if a passenger touched the steering wheel or swapped seats.
Moreover, if an officer suspects the person in the driver’s seat was not the one driving earlier, they may arrest everyone in the car. For example, they may look at whether the driver’s seat is positioned correctly for the person caught behind the wheel, check if the passenger is wearing a seat belt that is twisted or get witness statements to support that the vehicle’s occupants switched seats.
The open container law
In California, it’s illegal to drink alcohol while driving or riding as a passenger in a vehicle. You can also get into legal trouble as a passenger caught in a car with a container containing alcohol that has been opened, has a broken seal or has had its contents partially removed. The state requires an open container to be kept in the trunk or a place where passengers do not sit.
It’s possible to face a charge related to alcohol when you are a passenger. Nonetheless, the police have to prove certain factors for you to be convicted. Get more information about your defense options to protect yourself.