Can the only passenger with a DUI be charged if he/she knowingly allowed the DUI ?

Question Details: 2 people get into a vehicle and each know the driver is to intoxicated to legally drive. The vehicle is stopped by Police. Can the passenger be charged for knowingly allowing the intoxicated driver to operate the vehicle ?

Asked 9/19/2009 under DUI / DWI | 1093 View(s) | More Legal Topics

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DUI / DWI Law Answers

No. It is not the passenger's legal responsibility to stop the driver, another adult, from driving. The passenger had no legal obligations or duties. (They may have had a moral obligation to act, but that's not the same as legal obligation.)

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