DUI as passenger?

Driving home after a night on the town with my girlfriend, who only had a couple of drinks earlier in the evening, I decided that I should not be driving, so we switched seats. After leaving the parking lot where we switched places she hit the curb pulling out. She is not used to driving my raised 4WD SUV. A police officer pulled us over. He gave her several FST's. She passed them all. She also was found to be under the legal limit as far as the breath test. The officer then said he was going to test me the passenger, and proceded to charge me with DUI. Has anyone experienced this befor? Please respond.

You did not indicate which state you are from. Second, how old are you? If you are under twenty one years of age, the officer can cite you for a liquor violation - consumption under 21. DUI stands for Driving Under the Influence, not passenger under the influence. I think there is more to the story you are perhaps not sharing. But if not, then the officer might of been checking you to see if you were perhaps more fit to drive than your friend. If he witnessed you changing seating arrangements, then if he smelled an alcoholic beverage coming from your person, he has probable cause to administer FST's to you for DUI as well. Only if you were, in fact, driving at one point.

[This message has been edited by Et Al (edited October 10, 2000).]