Can You Get a DUI as a Passenger?

When most people think of a DUI (Driving Under the Influence), they picture someone behind the wheel of a vehicle, swerving across lanes or failing a breathalyzer test. But what if you’re not driving? Can you still be charged with a DUI as a passenger? The short answer is: usually not, but there are exceptions. Below, an experienced Lancaster, PA, DUI attorney will explore this question and more.

What Is a DUI?

A DUI occurs when a person operates a motor vehicle while impaired by alcohol or drugs. In Pennsylvania, a driver can be charged with DUI if their blood alcohol content (BAC) is 0.08% or higher, or if they are found to be impaired to a degree that prevents safe driving, even if their BAC is below the legal limit.

Passengers Aren’t Typically Charged with DUI

Since a DUI charge requires driving or being in actual physical control of a vehicle, passengers are generally not at risk of being charged just for riding along. Simply having alcohol in your system, even if you’re legally intoxicated, doesn’t put you at risk of a DUI unless you’re operating the vehicle. However, the law isn’t always that simple.

When Can a Passenger Be Charged?

There are a few situations where a passenger could face legal consequences similar to or related to a DUI:

Switching Seats

If a police officer sees or suspects that the person currently in the passenger seat was driving earlier, especially in the event of a crash or a roadside stop, they may investigate whether that passenger was the actual driver. If the officer finds evidence (like seat belt marks, warm steering wheel, or witness statements), the passenger could be charged with DUI.

Physical Control of the Vehicle

If the true driver steps out and leaves the vehicle running or hands over control, a passenger who then moves the car, even slightly, could face a DUI charge. “Actual physical control” doesn’t always mean driving down the road; it can include sitting in the driver’s seat with the keys in the ignition.

Encouraging or Enabling a DUI

While this won’t result in a DUI charge, a passenger who knowingly lets an impaired person drive, especially if they own the vehicle, might face other legal repercussions, such as reckless endangerment or contributing to unsafe driving.

Open Container or Public Intoxication Violations

Passengers can still face citations for having open containers of alcohol in the car or for being visibly intoxicated in public, depending on the circumstances and local ordinances.

Know Your Rights and Responsibilities

Although it’s rare to face a DUI as a passenger, that doesn’t mean you’re immune from all legal consequences. If you’re in a situation where law enforcement is investigating a DUI and you’re in the passenger seat, it’s smart to stay calm, avoid making statements, and know that you have the right to consult with a knowledgeable DUI attorney at our firm.

Arrested or Questioned as a Passenger in a DUI Case?

Even as a passenger, your involvement in a DUI investigation can be stressful and legally complicated. Whether you’ve been accused of switching seats, tampering with evidence, or taking control of the vehicle, you need legal guidance from a criminal defense attorney who understands Pennsylvania DUI law.

At the Law Office of Stephen W. Grosh, we’ve handled DUI cases across Lancaster and Central Pennsylvania and know how to challenge the assumptions that lead to unjust charges.

Call us today at 717-208-4599 or contact us online to schedule a consultation. We’re here to protect your rights and provide the defense you deserve.