If you’re out drinking and find yourself in the passenger’s seat of a vehicle that is driven by a drunk or buzzed motorist, you may assume that you cannot be charged with a DWI. Since you’re not operating the vehicle, why should you get arrested as well?
In most cases you would be right, that's because Minnesota law clearly states that a person must either operate a vehicle or was in physical control of the vehicle to be charged with drunk driving. Whether you were a passenger in another person’s car, or another person drove your car, you don’t have to worry about facing DWI charges.
However, there are rare instances when a passenger can be charged with aiding and abetting the DWI. If you want to avoid those types of charges, it is important to know the facts.
When Can a Passenger Get a DUI?
Passenger DWI, also known as assisting someone in the commission of a criminal offense, happens due to the actions you take, and not the amount of alcohol you drink (though that may contribute).
For example, if you were out drinking with a friend and you saw him/her consume several drinks—or even encourage it—and clearly show signs of intoxication throughout the evening, but you decided to let him/her drive you home anyway without much resistance, it is possible to be charged with aiding and abetting a DWI. This crime is punishable by the same penalties as a DWI.
Your amount of intoxication may have contributed to the poor decision to let your friend drive drunk, but that will be hard to use as a defense against these charges.
Other Examples of Assisting in the Commission
It may also be important to note that driving under the influence is not the only instance where you can be charged for aiding in the crime someone else committed. Common examples of assisting in the commission of a criminal offense include planning a crime, providing help to the criminal while the crime is being committed, or hiding or attempting to hide the fact the crime occurred.
Additional Considerations for Passengers in DWI Situations
While you cannot get a DWI as a passenger, there are other legal concerns to consider if you are in a vehicle that is pulled over or involved in an incident due to a driver’s impairment. Here are some potential charges or legal issues that passengers might encounter:
Open Container Violations
One of the most common offenses a passenger might face in a DWI-related situation is an open container violation. Minnesota has strict laws regarding open containers of alcohol in vehicles. If a passenger is found in possession of an open container of alcohol (such as an open bottle or can), they can be charged with an offense even if they were not driving. The law applies to both drivers and passengers in a vehicle, so you could be subject to a fine, and depending on the situation, this could be a criminal offense.
Possession of Controlled Substances
In Minnesota, as in other states, it is illegal to possess illegal drugs or controlled substances in a vehicle. If you are a passenger in a vehicle and drugs are found during a traffic stop, you may be charged with possession of controlled substances, even if the drugs are not yours or if you were unaware of their presence. Minnesota law enforces strict penalties for drug possession, and being a passenger in a vehicle with drugs present can put you at risk for serious legal consequences.
It’s important to note that if drugs are found on your person or in your belongings, you may be charged with drug possession, even if you did not drive or cause the driver to be impaired. The presence of drugs in the vehicle may lead to separate criminal charges for passengers, and the consequences can be severe, including jail time, fines, and other penalties.
Disorderly Conduct or Resisting Arrest
If you are a passenger in a vehicle and are interacting with law enforcement officers during a DWI stop, it’s crucial to remain calm and follow the officers' instructions. If you engage in disorderly conduct, such as refusing to provide identification, yelling at the officers, or obstructing their duties, you could be charged with resisting arrest, obstructing justice, or disorderly conduct.
Although passengers are not being directly charged with DWI, aggressive or belligerent behavior during a traffic stop can lead to additional charges. In some cases, passengers may be arrested or detained if they refuse to comply with lawful orders from police officers.
Common Mistakes Passengers Make During a DWI Stop
Being a passenger in a vehicle when it is pulled over for a DWI can lead to confusion and anxiety, often resulting in poor decision-making. One common mistake is failing to remain calm and respectful during the interaction with law enforcement. Passengers should avoid arguing with the officer or making negative comments about the driver’s ability to operate the vehicle. Such behavior can escalate the situation and lead to additional scrutiny.
Another frequent error is attempting to intervene on behalf of the driver. This can include attempting to offer excuses or denying any consumption of alcohol altogether. While passengers may feel protective, these actions can be perceived as obstructive, potentially resulting in further legal complications. Instead, it’s advisable for passengers to stay quiet and allow the driver to communicate with law enforcement.
Additionally, some passengers mistakenly assume that they can switch themselves with their drunk driver, even if they’ve been drinking. However, if a passenger is found to be impaired as well, this can complicate matters and may still lead to charges or fines, especially if the officer suspects that the passenger may have been behind the wheel at one point or another. Understanding these common pitfalls can help passengers navigate a DWI stop more effectively and avoid unnecessary legal troubles.
Yet, as we mentioned before, this is rarely charged because there must be clear intent that you were trying to get your friend to consume enough alcohol to push them over the limit and commit a DWI offense. Due to the difficulties of proving such intent, there is hardly any risk of getting a DWI as a passenger. But being aware of the rare instances when this could happen is also key to ensuring your own defense against any DWI-related charges.
However, if you were charged with a DWI as a passenger in Minneapolis, contact Brockton D. Hunter P.A. today at (612) 979-1112 for a free consultation.