There are three situations where a passenger can be charged with a DUI
If you are riding in a car that is pulled over because the driver is suspected of driving under the influence (DUI), you’re safe — right? The police can’t charge you with DUI…or can they?
It turns out that you can be charged with a DUI as a passenger — but only in certain situations. According to a DUI defense attorney Orange County, CA, if there is any evidence or a suspicion that you drove the vehicle or may have helped to drive the vehicle, you may be charged with a DUI…even if you are sitting in the passenger seat when the car is officially pulled over by a police officer.
There are three ways that this may happen:
- If you help to steer the vehicle
- If you were actually driving and then switched seats with a passenger
- If the officer doesn’t know who drove the car
In any of these situations, you may be charged with a DUI, even though you were not behind the wheel when the car was stopped.
When it comes to steering the vehicle, California law is clear. A person is considered to be driving a vehicle if they touch the steering wheel or otherwise has control over the vehicle. That means that if you are intoxicated and reach over to steer the car, you could be charged with a DUI because you technically drove it — even if what you did helped the driver avoid an accident. Importantly, you have to be under the influence to be charged in this situation. If you just helped steer and were sober, then you won’t be charged with a DUI because of the driver’s intoxication.
If you were driving the vehicle and switched seats before an arresting officer gets to the vehicle, then you could also be arrested. Even though you are now the passenger, chances are good that you were not as sneaky as you thought that you were when making the switch. The police officer probably saw you crawling over the seat — or saw you behind the wheel driving — and will arrest you for driving under the influence anyways.
In more unusual situations, you may be charged with a DUI simply because the police don’t know who was driving. This often occurs after an accident, or if a drunk driver stops on their own, without a police stop. If the occupants of the vehicle get out before the police arrive, it can be difficult for the police to know who was driving. They may arrest the wrong person for a DUI as a result. In this situation, a DUI defense attorney Orange County, CA can investigate the case and work to have the charges drop by demonstrating that you were not actually driving the vehicle.
A DUI can lead to serious consequences, including the possibility of jail time, probation, fines, community service, a license suspension, and mandatory DUI classes. An aggressive DUI defense attorney Orange County, CA can defend against a DUI charge and help you achieve the best possible outcome. If you have been charged with a DUI, the Chambers Law Firm will stand by your side throughout the process. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
