California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
DUI Laws A to Z
California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
DUI Penalties
The impact of a DUI conviction can haunt a person for years to come. But a good attorney can often get penalties reduced…and sometimes even get the case dismissed
DMV & Licenses
A good DUI attorney may be able to get the license suspension reduced, or even avoided altogether
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In California, generally speaking, an intoxicated passenger cannot be charged with DUI. However, there are certain scenarios where it could happen. These include situations where:
Note that a passenger can also be charged with other alcohol or drug-related offenses when a car is pulled over on suspicion of a DUI offense. These include:
In California, the penalties for a DUI conviction may include:
Under California law, any intoxicated passenger who touches the steering wheel or otherwise controls the car at some point can face DUI charges.
The law says that a person is “driving” a motor vehicle if the passenger touches the steering wheel or has control over the vehicle. This means that:
the passenger can be charged with DUI. This is because the passenger:
Note that the passenger, though, does have to be intoxicated or under the influence of alcohol or drugs for a DUI to occur. If a sober passenger touches a steering wheel, then no crime is committed – even if the driver is drunk.2
If an intoxicated driver switches seats with a passenger prior to an officer reaching the vehicle, then technically the new “passenger” can be charged with DUI. This typically happens when the driver already has a prior DUI, is on probation, or is under 21, and they are trying to avoid the consequences.
Consider, for example, a situation when Mark and his girlfriend, Kim, are both in a car. Mark is driving while intoxicated. Kim is sober and is the passenger. Mark sees police sirens in the rear-view mirror and pulls the auto to the side of the road. Prior to the moment when the officer reaches the vehicle, Mark, trying to avoid a second DUI charge, switches seats with Kim and becomes the new passenger.
Here, it is likely that the officer will see what is taking place in the car and still charge Mark with DUI, even though he is sitting in the passenger seat. Even if the officer did not see Mark’s original placement in the car, the dash cam video footage may show it.3
Sometimes a police officer may mistakenly charge a passenger with DUI if the officer does not know who was driving the automobile.
This sometimes happens when there has been an accident, because of a drunk driver, and the police arrive at the scene after the car is stopped. Here, if there were multiple people in the car and they have exited the vehicle before the police arrive, the authorities will not know for certain who was driving. This means an officer may mistakenly charge someone, such as the passenger, for the DUI offense.
Please note, however, that this mistake will typically be corrected after the police investigate matters. Or, after a skilled DUI defense attorney analyzes the facts of the case.
After a car is stopped on suspicion of a DUI, a passenger can face criminal charges for an alcohol or drug related criminal offense.
Depending on the facts of the case and their age, passengers can be charged with either:
In addition, if drugs are found in the vehicle, the passenger (and others in the auto) could be charged with drug possession.4
Passengers are valuable witnesses for prosecutors because they may be able to testify as to when the defendant consumed alcohol or drugs. Even if passengers do not want to cooperate with police, prosecutors can always subpoena them to be witnesses at trial, where they must answer questions under penalty of perjury.
In some cases, passengers can help a defendant’s case. For instance if the arresting officer smelled alcohol or marijuana coming from the car, the defendant can argue that the odor came from the passenger, not from them. This would mean that the police did not have “probable cause” to arrest the driver for DUI, and this could raise a “reasonable doubt” as to the defendant being “under the influence.”
After a DUI arrest, police can let a passenger drive the car away provided they are not impaired by alcohol or drugs themselves. In situations where the passenger is also intoxicated, the officer will probably have the vehicle towed. Then after the driver gets out of custody, they can retrieve it.
A first, second or third DUI offense in California is treated as a misdemeanor. The penalties for drunk driving may include:
These penalties will grow more severe under California law if either of the following is true:
Either of these could result in felony charges being filed or substantial jail time being imposed.5
For more in-depth information, refer to these scholarly articles:
See our California DUI law firm’s related articles on California BAC legal limits, DUI breathalyzers / breath tests, public intoxication (PC 647f), reckless endangerment, DUI with child under 14 in car and child endangerment.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.