Over 10,000 Criminal Cases Handled in the Denver Area

Can you get a DUI as a passenger?

On Behalf of | Oct 23, 2024 | Criminal Defense, Drunk Driving Charges, DUI and DWAI Charges |

Riding in a car with someone who has been drinking can be a risky proposition when the police get involved. As a passenger, you might think you are in the clear, as DUI charges generally target drivers who operate a vehicle while impaired. Still, this does not mean passengers are always off the hook.

Passengers can encounter legal consequences

Here are some scenarios where a passenger might be charged with a DUI:

  • The passenger is in physical control of the vehicle (e.g., sitting in the driver’s seat with keys).
  • The passenger interferes with the driver’s operation of the vehicle.
  • The passenger is in a “wheel man” situation (planning to switch drivers later).
  • The passenger is in a vehicle without a designated driver but with the engine running.
  • The passenger is riding in a vehicle with an underage or unlicensed driver.

Suppose you are a passenger in a vehicle and law enforcement arrests the driver for DUI. The arresting officer will also likely check your level of intoxication by subjecting you to a breathalyzer test or a blood test.

A blood alcohol content (BAC) exceeding the legal limit of 0.08% can lead to a DUI, even if you were just a passenger. The reasoning is that you are impaired, have the ability to drive at any moment and can cause danger to yourself and others.

Aside from DUI, having an open container of alcohol accessible in the passenger area of a vehicle is also against the law. If caught, you may encounter open container violations. Passengers may also be charged with public intoxication if they exit the car and cause disruption.

Obtaining legal help can significantly impact your case

Confronting DUI-related charges as a passenger can mean fines, community service or even jail time. Your driving record might also suffer. These consequences can impact your future, from job opportunities to personal relationships.

If you find yourself facing this situation, work with a Colorado criminal defense attorney to immediately build a strong defense strategy. The trajectory of your case and future may depend on experienced legal guidance.

Categories

Archives