Can a Passenger Be Charged With a DUI?

When most people think of a DUI, they envision a driver behind the wheel who has been drinking and is operating a vehicle while under the influence. However, what many may not realize is that a passenger can also be charged with a DUI under certain circumstances.

This can be a shocking revelation for those who assumed they were safe from such charges simply by being a passenger.

In this article, we will explore the situations in which a passenger can be charged with a DUI, and how to avoid finding yourself in this legal predicament. From being in a car with a driver who is under the influence to underage drinking while in a vehicle, there are various scenarios that can lead to a passenger facing a DUI charge. 

This article will cover the following subtopics: 


When Can a Passenger Be Charged With a DUI?

It might seem unusual, but there are specific circumstances under which a passenger can be charged with a DUI in Arizona. Understanding these scenarios is important for any passenger who might find themselves in a compromising position during a traffic stop or after an accident.

  • Actual Physical Control: A key concept in Arizona DUI law is “actual physical control” of a vehicle. If a passenger is sitting in the driver’s seat, even if not driving at the time of the police encounter, and has access to the vehicle’s controls, they could be considered to have control over the vehicle and potentially face DUI charges.
  • Intoxicated Passengers in Control: If an intoxicated driver switches places with a passenger, and the vehicle is stopped but the intoxicated passenger is now in the driver’s seat, this person could also be charged with DUI. The law considers their potential to operate the vehicle as sufficient for a DUI charge.
  • Sober Passenger Allowing Drunk Driving: In some cases, a sober passenger who knowingly allows an intoxicated person to drive can face legal consequences. This is especially true if the passenger had the opportunity to prevent the impaired driving but chose not to act.

passengers rights at a dui stop

What Are Your Rights as a Passenger During a Traffic Stop?

Understanding your rights as a passenger during a traffic stop in Arizona is important for ensuring that those rights are respected.

Here’s what you need to know:

  1. Right to Remain Silent: As a passenger, you have the right to remain silent. You are not required to answer questions about your destination, where you are coming from, your activities, or whether you have been drinking.
  2. Search and Seizure Protections: The Fourth Amendment protects you from unreasonable searches and seizures. Police may not search your personal belongings such as a purse or backpack without your consent, a warrant, or probable cause.
  3. Identification Requests: In Arizona, you are not required to provide identification as a passenger during a traffic stop, unless you are being detained for involvement in a crime.
  4. Exiting the Vehicle: You may ask if you are free to leave. If you are not under arrest or being detained, you should be allowed to calmly exit the vehicle.

Knowing these rights can help protect you in situations where legal boundaries must be respected by law enforcement. If your rights are violated during a traffic stop, contacting a criminal defense attorney can help you address any potential legal actions.


Can the Driver Get in Trouble if the Passenger is Drinking in Arizona?

In Arizona, the driver can be held responsible if they knowingly allow an open container of alcohol in the vehicle outside of the trunk or another non-passenger area (Arizona Revised Statute 4-251).

Although the primary legal responsibility lies with the driver, passengers should also be aware that having an open container in accessible areas of the car can lead to charges for the driver, thereby indirectly affecting the passenger.


sleeping in car drunk

Can You Sleep in the Passenger Seat Drunk?

Sleeping in the passenger seat while intoxicated is not, in itself, a violation of DUI laws if the vehicle is stationary and the drunk individual is not in a position to control the vehicle.

However, law enforcement could investigate further to determine whether there was prior intent to drive or if the individual had been driving before switching to the passenger seat.


Can You Get in Trouble for Letting Someone Drive Drunk?

Yes, enabling someone to drive drunk can lead to legal consequences, especially if an accident occurs. While specific statutes don’t always penalize non-drivers, moral and sometimes legal responsibility can be assigned for allowing or facilitating a drunk individual to drive, particularly if the decision contributes to an accident.


open container in car

Can Passengers Under 21 be charged with DUI?

While a passenger under 21 cannot be charged with a DUI unless they are controlling the vehicle, they can face charges related to possession or consumption of alcohol under the legal age. These charges can be serious and carry their own penalties, including fines and potential impacts on the minor’s driver’s license status.


The Consequences of Reckless Endangerment for Passengers in DUI-Related Incidents

Reckless endangerment charges can arise for passengers in DUI-related incidents under specific circumstances, particularly when their actions contribute significantly to the risk of an accident. Here’s what passengers need to be aware of regarding these potential legal consequences:

  • Definition and Application: Reckless endangerment involves actions that recklessly place another person in danger of death or serious bodily injury. In the context of DUI incidents, a passenger could face these charges if they encouraged the driver to exceed speed limits, engage in aggressive driving, or continue driving while clearly intoxicated.
  • Impact on DUI Cases: If a passenger’s behavior is deemed to exacerbate the dangers of drunk driving, they could also be charged with contributing to DUI-related offenses. This is particularly relevant if the passenger had a role in the driver consuming alcohol or drugs before getting behind the wheel.
  • Potential Legal Penalties: The penalties for reckless endangerment can vary, but they often include fines, jail time, and the possibility of a criminal record. When combined with other DUI-related charges, the legal repercussions can be severe and long-lasting.
  • Aggravating Factors: Specific factors can escalate charges, such as providing alcohol to a minor in the vehicle, or allowing an intoxicated person to drive when you had the opportunity to prevent it. These actions can lead to additional charges of providing alcohol to minors or could increase the severity of the penalties under reckless endangerment statutes.

What Other Crimes Might a Passenger Be Charged With?

A passenger in a vehicle can be charged with several crimes depending on their actions.

These include possession of an open container, providing alcohol to minors, or even possession of controlled substances.

The specific charges would depend on the circumstances and the evidence found during a traffic stop or accident investigation.


When Should You Call a Criminal Defense Attorney?

Arja Shah | Shah Law Firm If you’re involved in a DUI incident as a passenger, it’s important to seek legal advice promptly. Whether you were in the vehicle during a DUI arrest, facing charges, or unsure about your legal rights, consulting with a criminal defense attorney is beneficial.

Defense attorney Arja Shah from Arja Shah Law is skilled in handling Arizona’s DUI laws. Her effective defense strategies ensure that her clients’ rights are defended, aiming for the best possible outcome. Engaging an attorney like Arja Shah early in the process can significantly help in addressing the legal challenges and securing a favorable resolution.

Contact Arja Shah Law today at (602) 560-7408. We are committed to helping you achieve the best possible outcome in your case.

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