If I were in the car with someone who was drunk

[jasonxman]

Say I'm the passenger in the vehicle and my friend gets pulled over and is drunk. Assuming that I am over the age of 21 what can I be charged with?

 

[CdwJava]

Say I'm the passenger in the vehicle and my friend gets pulled over and is drunk. Assuming that I am over the age of 21 what can I be charged with?

If you are over 21, suspected of no additional offenses, and not too intoxicated to care for yourself in violation of the law in your un-named state ... nothing.

 

[jasonxman]

If you are over 21, suspected of no additional offenses, and not too intoxicated to care for yourself in violation of the law in your un-named state ... nothing.

What if I couldn't take care of myself? Assuming I am not blacked out, but still able to talk and walk. Walking barely though.

 

[CdwJava]

What if I couldn't take care of myself? Assuming I am not blacked out, but still able to talk and walk. Walking barely though.

In most states you would likely be subject to arrest for public intoxication.

 

[HighwayMan]

It is very state dependent.

In New York there is no public intoxication statute. In a case like yours we would ship you off to the hospital and there you would stay until you sober up.

 

[DUIAttyPCho]

Probably nothing unless you were clearly not able to take care of yourself. They could charge you with public intoxication, but it would have to be pretty bad. But realistically, you are in a car. So, even if you were sloppy drunk, the police wouldn't bother charging you with anything. They have already caught a bigger fish, so they wouldn't bother with you realistically. Just send you on your way, and have someone pick you up. They may send you to the hospital if you have alcohol poisoning, but realistically, they would just keep you until you sober up and then you can go home. Even if the police did charge you with something, the prosecutor would probably turn the case down anyway

You have to understand, for the police to file a police report and expend time to arrest you, and then submit the report to the D.A., and then the D.A. having to review your case to determine if they are going to file public intoxication when you are just a passenger in a car and the person driving is DUI? Waste of time and expenses. Public intoxication isn't even priorable. Its generally worthless and a waste of time, and the police are not going to waste time on that unless they really think that the person is a danger to himself or others.

So you can relax. Nothing will happen. Happy Thanksgiving!

 

[CdwJava]

While prosecution might not occur, the police are not likely to leave a person who can barely walk at the scene ... liability would attach if they did. An arrest is actually quite likely under the circumstances unless a safe ride is on and to take the guy off their hand.

Frankly, if someone was barely able to walk, he's coming with me and not with a friend who might just drop him off somewhere else or take him for more drinks. Liability for the officer(s) can attach to that decision should harm come to the inebriated soul.

 

[DUIAttyPCho]

True. I didn't consider that part! Liability will be on the officer if something later happens and the officer could have made the arrest to prevent it, even though there will be no prosecution that comes from it.

Generally, the police make an arrest to protect the drunk person from themselves. Somehow, PC 647(f) people tend to get themselves hurt or killed and on occasion cause problems for innocent passerbys.

So I would agree. A police officer coming across a PC 647(f) person should make an arrest and leave the guy in jail to sober up, even though on the D.A. side they will generally not prosecute unless it is an egregious situation.

For liability's sake AND for the sake of the one drunk. My uncle got arrested for PC 647(f) once. But the D.A. never charged him! LOL. Uncle got a brake!

 

[CdwJava]

Most counties seem to resolve PC 647(f) arrests by the arrest without prosecution unless there are extraordinary circumstances. With resources what they are, misdemeanors are getting swept aside even more than in years past.

 

[Ozark_Sophist]

How old is the driver? Over/under 21?

 

[NellieBly]

Please don't repeat this. I was in an accident where our car was struck by a drunk driver. Their car rolled and there was a fatality among their passengers.

 

[Captian Picard]

Say I'm the passenger in the vehicle and my friend gets pulled over and is drunk. Assuming that I am over the age of 21 what can I be charged with?

You can be charged with almost any crime that you committed. Perhaps a warrant is out for your arrest for tax evasion .. then they can arrest you for that.