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DUI While Riding Passenger On Motorcycle?

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wickedcam

Junior Member
Location: Santa Ana, California

So I have a question. My friends and I went out Thursday night for St. Patrick's day and hit up a bar in Huntington Beach. I decided I was going to be DD for the night, and drove 2 of my close friends. While at the bar, one of my friends met this guy and he offered to take her home on the back of his motorcycle. I spent 20 minutes trying to talk to her and tell her that this isn't a good idea, specifically because she doesn't know the guy and also she's drunk which poses an issue of her safety.
So this brings me to my question. The guy that drove her on his bike was "sober" so I was wondering, if they were to have gotten pulled over, and he breathalyzed and she also breathalyzed, could she have gotten a DUI while being a passenger intoxicated on the back of his bike if he wasn't intoxicated? The reason why I ask is I personally think that it is ridiculously stupid for her to have done this, and I'm actually pretty pissed at her because she put herself in danger. She wasn't just buzzed, she was flat out drunk to the point while we were at the bar she almost seemed as if she was going to pass out. Logically, I'm thinking that she may have gotten at least a citation if they were to be pulled over because she's putting herself at grave risk, especially since they had to take 2 major highways to get back to her house.

Thanks in advance for any insight that you're able to give me on this matter,
 
Last edited by a moderator:


CdwJava

Senior Member
The guy that drove her on his bike was "sober" so I was wondering, if they were to have gotten pulled over, and he breathalyzed and she also breathalyzed, could she have gotten a DUI while being a passenger intoxicated on the back of his bike if he wasn't intoxicated?
No. You have to be operating the vehicle to be guilty of DUI.

She might have been able to be arrested for public intoxication, however. Provided she was sufficiently unable to care for herself or the safety of others due to her inebriation.
 

SheilaW

Junior Member
You have to be the one in control of the vehicle and in posession of the keys to be charged with DWI or DUI. She could possibly have been charged with public drunkeness though.
 

Zigner

Senior Member, Non-Attorney
You have to be the one in control of the vehicle and in posession of the keys to be charged with DWI or DUI. She could possibly have been charged with public drunkeness though.
Thanks for chiming in - I was wondering where the echo went...
 

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