Although uncommon, you can be charged with a DUI as a passenger. While it is rare for police to issue a passenger a DUI citation in Pennsylvania, the penalties associated with a conviction can be serious.
Below, our DUI attorney explains some of the ramifications you could face when you charged with DUI as a passenger, other DUI-related charges, and what you should do after.
What Penalties Could a Passenger Face?
The penalties a passenger may face depend on the specific charges involved and the circumstances of the incident. Although it is uncommon for a passenger to be charged with DUI, a conviction can carry many of the same serious consequences associated with other alcohol-related offenses in Pennsylvania.
Depending on the circumstances, you could face fines, probation, jail time, and the suspension of your driver’s license. The penalties may vary based on factors such as your criminal history, the nature of the alleged offense, whether anyone was injured, and whether additional charges were filed.
A DUI conviction can also result in a permanent criminal record that may affect future employment opportunities, professional licensing, housing applications, and other aspects of your life.
Because the potential consequences can be significant, it is important to understand the situations in which a passenger may face DUI-related criminal charges. While simply riding in the passenger seat is usually not enough to support a DUI charge, there are several situations in which a passenger may face DUI-related criminal charges in Pennsylvania.
When Can a Passenger Face DUI Charges?
Pennsylvania law, 75 Pa. C.S. § 3802, prohibits a person from driving, operating, or being in actual physical control of a vehicle while under the influence of alcohol or drugs.
By nature of the statutory definition, a passenger cannot technically have control of a motor vehicle. However, the police can charge the person sitting in the passenger seat under a variety of conditions. These are some possible scenarios that could lead to passenger DUI charges.
You Switched Seats With a Sober Passenger
If, while driving drunk, you see a police officer approaching, you may think it wise to pull over and quickly switch places with your sober passenger. Unfortunately, this tactic rarely works.
Law enforcement officers are trained to look for signs that occupants have changed seats before or during a traffic stop. An officer may rely on observations made before the vehicle stopped, statements from the vehicle’s occupants, witness testimony, body camera footage, or other evidence when determining who was actually driving the vehicle.
If your blood alcohol content (BAC) tests above the legal limit, or if you refuse chemical testing when required, you may still face DUI charges despite being seated in the passenger seat when the officer makes contact. Simply changing seats does not erase evidence that you were operating the vehicle moments earlier.
You Allowed an Intoxicated Person to Drive
The legal concept of reckless endangerment offers another opportunity for an officer to charge a passenger with a serious crime. If you allow an intoxicated individual to operate a vehicle in which you are a passenger, and if you are sober and capable of driving, you may face charges for recklessly endangering another person (18 Pa. C.S. § 2705).
Would a police officer let you off the hook if you’re a passenger and the driver is drunk?
The facts of the situation matter. A police officer may consider whether there was a legitimate reason you were not driving the vehicle before deciding whether additional charges are appropriate. Examples may include:
- Not having your glasses
- Not knowing how to drive
- Having restrictions on your driver’s license
- Not having a valid driver’s license
However, if you do not have a good reason, you may face reckless endangerment charges. If you were intoxicated and allowed an intoxicated person to drive your vehicle, you may face a host of other serious charges, as well.
You Interfered With the Vehicle’s Operation
In Pennsylvania, case law has established that an intoxicated passenger may face DUI charges if they interfere with the operation of a moving vehicle. While passengers do not normally have control of a vehicle, that can change if they take actions that affect how the vehicle is being driven.
For example, an intoxicated passenger was involved in an argument with the driver of a vehicle. During the dispute, the passenger grabbed the steering wheel and forcefully turned it, causing the vehicle to leave its lane and collide head-on with an oncoming vehicle. At the time of the crash, the passenger’s blood alcohol content exceeded the legal limit.
Because the passenger’s actions directly affected the movement of the vehicle and caused the collision, she was charged with DUI and several other offenses. This case demonstrates that, although passengers are not typically considered to be in control of a vehicle, interfering with its operation can expose them to serious criminal charges.
What Other DUI-Related Charges Might a Passenger Face?
Depending on the circumstances of the incident, a passenger may face charges other than DUI. Some of the more common DUI-related offenses include:
- Open Container Violation (75 Pa. C.S. § 3809): If you have an open container of alcohol in a vehicle, an officer may cite you under Pennsylvania’s open container law. While generally less serious than a DUI charge, a conviction can still result in penalties and may complicate your case.
- Furnishing Alcohol to a Minor (18 Pa. C.S. § 6310.1): If police discover that an under-21 intoxicated driver was behind the wheel, they will investigate where the alcohol came from. Depending on the circumstances, a passenger may face charges for allegedly providing alcohol to a minor.
- Charges Related to Injuries or Property Damage: If an accident results in injuries or damage to another person’s property, additional criminal charges may be filed depending on the facts of the incident and the passenger’s alleged involvement.
- Public Drunkenness (18 Pa. C.S. § 5505): An intoxicated passenger may face public drunkenness charges if they exit the vehicle during a traffic stop and are under the influence of alcohol or a controlled substance to the degree that they endanger themselves, endanger others, or cause a public disturbance.
- Disorderly Conduct (18 Pa. C.S. § 5503): If an intoxicated passenger exits the vehicle during a traffic stop and engages in threatening, tumultuous, or otherwise disruptive behavior, law enforcement may file disorderly conduct charges in addition to any alcohol-related offenses.
All of these offenses carry potentially serious consequences. The specific charges and penalties will depend on the facts of the case and the evidence available to law enforcement.
What Should You Do If You Are Charged as a Passenger?
Being charged with a crime as a passenger can be confusing and frustrating, especially if you never got behind the wheel. However, it is important to remember that a criminal charge is not the same as a conviction. The prosecution must still present evidence supporting the allegations against you.
If you are questioned by law enforcement, be careful about what you say. Statements about who was driving, how much alcohol was consumed, whether seats were switched, or what happened before the traffic stop may later be used as evidence. Remaining calm and exercising your right to remain silent can help protect your interests while the facts of the case are being investigated.
You should also contact a criminal defense attorney as soon as possible. An attorney can review the circumstances surrounding your arrest, evaluate the evidence, identify potential defenses, and explain your legal options. The sooner you understand the charges you are facing, the better prepared you may be to make informed decisions about your case.
Does Vehicle Ownership Matter?
Vehicle ownership may be a factor in some passenger-related cases, but it does not automatically make you criminally responsible for another person’s actions. However, if you own the vehicle and knowingly allow an impaired individual to drive it, law enforcement may take a closer look at your role in the incident when determining whether additional charges are appropriate.
Can a Passenger Be Arrested Even If the Driver Is Not?
Yes. Criminal charges are based on an individual’s conduct, not simply their presence in a vehicle. If a passenger engages in behavior that violates the law, such as interfering with the operation of a vehicle or committing another offense, they may face criminal charges regardless of whether the driver is arrested.
Does It Matter Whether the Vehicle Was Moving?
In some situations, whether the vehicle was moving may affect how law enforcement and prosecutors evaluate a case. For example, allegations that a passenger interfered with the operation of a moving vehicle may be treated differently from conduct that occurred while the vehicle was parked. The specific facts of the incident will often play an important role in determining whether charges are filed.
McKenzie Law Firm, P.C. Can Help You Fight Your Charges.
The best way to identify and mitigate your risk of facing DUI as a passenger is to speak to a lawyer as soon as possible. Attorney David McKenzie can protect your legal rights and analyze the prosecution’s evidence against you to build a strong case for your defense.
We provide aggressive representation for DUI clients. We offer consultations to help answer your questions and outline your options. Contact the McKenzie Law Firm, P.C. today to speak with a Pennsylvania DUI attorney.
