DUI passengers

[Tohbi]

What is the name of your state? Alabama

I was wondering if anybody knew

1) What is the liability for a person riding with an intoxicated driver and does it (as I suspect it should) matter if that person is intoxicated themselves. The way I see it an intoxicated person is unable to give consent and therefore not liable for aiding and abetting, especially given that they may or may not have been aware of the driver's state of being.

2) What is the common procedure for passengers of intoxicated driver at the scene.

My friend got pulled over driving another friends truck and was arrested for a DWI however the owner of the truck and the other passenger were simply asked to call for rides, both other passengers were also intoxicated but this was never verified legally by the officer.

I was also wondering if it is true that an intoxicated passenger is protected while in a vehicle as private property and thus cannot be cited for public intoxication unless they exit the vehicle.

 

[BigMistakeFl]

BigMistakeFl

The crime was the driver opeating a vehicle while impaired. His or her passengers, intoxicated or not, were not the focus of the cause of the traffic stop. That's not to say cops don't have the power to arrest passengers if the need should arise.

 

[VeronicaLodge]

In some states, if the passenger is the owner of the car they can be cited for allowing a drunk person to drive their car. I'm not sure if AL has that law.

 

[CdwJava]

1) What is the liability for a person riding with an intoxicated driver and does it (as I suspect it should) matter if that person is intoxicated themselves. The way I see it an intoxicated person is unable to give consent and therefore not liable for aiding and abetting, especially given that they may or may not have been aware of the driver's state of being.

The passenger may be considered drunk in public if the driver is arrested, but other than that, there is not likely any criminal liability. If, however, the passengers helped the driver get loaded and the driver crashed and hurt or killed someone, the passenger might be named in the ensuing lawsuit ... but, I suspect that's beyond the scope of your inquiry.

2) What is the common procedure for passengers of intoxicated driver at the scene.

Try not to puke on the arresting officer.

Seriously ... They might be arrested, or they might be sent on their merry way. It depends how drunk the passengers are.

I was also wondering if it is true that an intoxicated passenger is protected while in a vehicle as private property and thus cannot be cited for public intoxication unless they exit the vehicle.

Well ... the vehicle is in a public place. And of the driver is arrested, the vehicle is getting towed, so the passenger would have to get out. He'd be in public.

- Carl