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.

Many states define DUI as having a BAC over .08/.10 within 2 hours of driving a car. It sounds like the cop saw you switch seats or one of you admitted that you switched seats. It is not illegal to be a drunken passenger. Get a lawyer and talk about the specific facts of your case.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected]