If you were riding with someone when they were pulled over for impaired driving, you’re probably wondering what happens if you are a passenger in a DUI arrest. Depending on your unique situation, you could walk away from the incident without any legal troubles. That said, there are scenarios in which you may face charges.
At Simmrin Law Group, we understand how stressful and confusing it can be to face such charges. That’s why our Los Angeles DUI lawyers are here to offer legal assistance. We can review your case, build a strong defense on your behalf, and fight to get your charges dropped. Let’s take a closer look at the consequences you could face as a DUI passenger.
What Happens to an Inebriated Passenger in a DUI?
You may face a number of consequences if you are a passenger in a DUI arrest. You will generally be questioned at the scene of the collision or DUI checkpoint. A law enforcement officer may also work to determine if you are intoxicated or sober.
Law enforcement officers may measure your sobriety in the field. In most cases, you will not be charged with a DUI even if your blood alcohol content (BAC) is above the legal limit. If you are found to be sober and the driver is not, you may be allowed to drive their vehicle away after they are arrested.
In the aftermath of a DUI arrest, you may be called to testify in court against the driver since you were in a position to see their state of intoxication first-hand.
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What Happens to an Inebriated Passenger in a DUI?
You may face more complicated repercussions as a passenger in a DUI arrest if your BAC is elevated. Note that, in California, you should only be charged with a DUI if you:
- Physically operated a motor vehicle and
- Were under the influence of drugs or alcohol
It is difficult to meet this definition of a DUI from the passenger seat. However, sometimes it happens. For example, if you reached across and manipulated the steering wheel, you could face DUI charges in the state of California.
You might also face other criminal charges not associated with operating a vehicle under the influence. Depending upon your age, you could be accused of:
- Public drunkenness
- Drinking under the age of 21
- Carrying an open alcoholic beverage in a vehicle
- Drug possession
Reckless Endangerment Charges
Reckless endangerment occurs when an individual behaves in a reckless manner that is likely to cause serious bodily harm or death to another person. If you were a passenger in a DUI arrest and encouraged the driver to drive drunk or behaved in another way that put others in serious danger, you could face these charges.
Determining Who Operated a Vehicle During a DUI Arrest
You should also be aware that sometimes law enforcement officers are unsure who was driving a vehicle. This is especially common if you were involved in a DUI collision. Everyone in the vehicle may have gotten out by the time police officers arrived, leading to confusion about who was driving.
It’s also common for drivers to switch seats in an attempt to help the actual driver of the vehicle avoid a DUI charge. Whether the original driver fled the vehicle or switched seats with a passenger, there are several ways that police can determine who was operating the vehicle when the incident occurred. Police officers can determine the driver’s identity by:
- Speaking with witnesses who saw the accident
- Considering injuries sustained by the driver and passenger
- Looking at the position of seats in the car
While the goal of a police investigation is to identify the driver, you may be falsely accused of operating a vehicle even if you were only a passenger. In this situation, it’s important that you reach out to a criminal defense lawyer in Los Angeles as quickly as possible.
Get Help if You Were a Passenger in a DUI
If you drive with a friend who operated a vehicle while inebriated, you can face a number of legal challenges. Fortunately, you do not have to handle these charges on your own.
It is highly recommended that you speak with a DUI lawyer in Los Angeles before discussing any charges you are facing. You should not speak with prosecutors or law enforcement officers before you get professional help in your corner. Everything you say could be used against you or the driver in the DUI.
An attorney can work aggressively to protect your rights and build your defense. They’ll collect evidence to show that you were not operating the vehicle at the time of the DUI. A DUI lawyer can also dispute allegations that you reached across the center console to move the steering wheel.
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How a Lawyer Can Help You Avoid a DUI Passenger Conviction
If you are charged with a DUI-related charge as a passenger, an attorney can take a number of steps to help you get your charges reduced or dismissed. Here’s what an experienced lawyer can do to get the best outcome possible:
- Challenge the legality of the traffic stop
- Analyze field sobriety test results and challenge their accuracy
- Challenges blood test results
- Construct a solid defense case on your behalf
- Negotiate a plea deal with prosecutors
- Interview witness testimony and use it to strengthen your case
- Represent you in court and during other legal proceedings
- Offer compassionate and effective legal counsel throughout your case
Speak to a DUI Lawyer if You Were a Passenger in a DUI
Now that you know what happens if you are a passenger in a DUI, it’s time to get the representation you need to win your case. At Simmrin Law Group, our compassionate attorneys know how complicated and challenging his time must be for you. That’s why we’re here to offer skilled advocacy and effective legal guidance.
Contact us today to schedule a free consultation and get started on your defense case. A Los Angeles DUI lawyer from our firm will meet with you to discuss the charges you’re facing and determine your best course of action. We look forward to hearing from you and protecting your best interests.
Call or text (310) 896-2723 or complete a Free Case Evaluation form