Many people think DUI laws only apply to drivers, but some wonder if passengers can face similar charges. Florida DUI laws focus on those operating a vehicle under the influence. However, there are situations where passengers may still face legal consequences, even if they aren’t driving.
In Florida, a DUI charge applies to anyone in physical control of a vehicle while impaired. This includes drivers with a Blood Alcohol Concentration (BAC) of 0.08 or higher or anyone impaired by drugs, including prescription medications. DUI laws focus on the person operating the vehicle, meaning passengers are generally exempt from direct DUI charges.
Can a passenger be charged with a DUI?
Passengers can't typically be charged with a DUI in Florida, as they aren’t in control of the vehicle. DUI laws are intended for those driving while impaired, not other vehicle occupants. However, passengers are not completely free from legal responsibilities and may face other charges related to a DUI.
While passengers can’t receive a DUI, they may still face legal consequences under certain circumstances. These include:
- Open container law violations: Florida law prohibits open containers of alcohol in vehicles, even for passengers. A passenger caught with an open drink could face a fine and points on their driver’s license.
- Contributing to impairment: If a passenger pressures or encourages the driver to drink or drive while impaired, they could face charges related to public safety or endangerment.
- Obstruction of justice: Passengers who interfere with police during a DUI stop (e.g., hiding evidence or refusing to cooperate) risk being charged with obstruction.
What should passengers do to avoid legal trouble during a DUI stop?
Passengers have a responsibility to make safe choices, both for themselves and others on the road. Here are steps to avoid potential legal issues:
- Don’t ride with an intoxicated driver: If the driver is impaired, consider calling a rideshare service or finding an alternative way home.
- Report unsafe driving: If you feel unsafe in the car, you can call law enforcement to report it.
- Avoid open containers: Steer clear of open containers in the vehicle to reduce risk.
- Refuse to encourage dangerous behavior: Don’t push a driver to drink or make unsafe choices.
What should a passenger do if they’re involved in a DUI stop?
If you're a passenger involved in a DUI stop, follow these steps to ensure your rights are protected:
- Stay calm: Remain calm and respectful with law enforcement. Don't argue with the officer or try to talk your way out of an arrest.
- Cooperate: Avoid tampering with evidence, including any open containers.
- Remain silent: Anything you say to an officer can create probable cause for arrest and later be used against you in court.
- Get legal help: If you're arrested and charged with a crime, getting legal help can make a difference in the outcome of your case. In many cases, you're allowed to make a phone call once you're booked. Make that phone call to an experienced Florida criminal defense or DUI lawyer.
Let our Florida attorneys fight to protect your freedom
If you were arrested as a passenger during a traffic stop in Florida, you may face serious charges with long-term consequences. The Florida DUI and criminal defense attorneys at Aguilar & Sieron have spent over 30 years helping clients fight back against unfair charges. Our experienced attorneys explore every possible defense, from challenging evidence to ensuring your rights were upheld during the stop.
Don’t let an arrest define you. Contact us online or call our Green Cove Springs law office for a personalized consultation to review your case and build a strong defense. We proudly serve clients across Clay County and Northeast Florida. Let us put our experience to work for you.
“Mark is an outstanding attorney! He has handled multiple issues for me and my family. Always have outstanding results. Don't go anywhere else in Clay County for legal representation.” –T.S.
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