Skip to main content

Can I be convicted of dui in the passenger seat if the police approach the vehicle and release the intoxicated driver??

Tempe, AZ |

I was in the passenger seat of a friends truck leaving the club we were drinking I was extremely intoxicated and didn't realize our DD was drunk too, after we were pulled over the police who noted that the driver was drunk let him go and gave me a dui

+ Read More

Attorney answers 5

Posted

Short answer: No. Get an attorney. If the facts are indeed as you claim them to be, you likely have a defensible case. A DUI requires that you had actual physical control of the vehicle.

Posted

I agree with my collegue about your case. You have to be driving a motor vehicle or in actual physical control of the vehicle to be convicted of DUI. Your case is defensible under those facts.

Posted

Something does not seem correct. You need to get representation, get the police report, and interview witnesses.
Aaron M. Black
Criminal & DUI Defense Attorney
Martindale AV® Preeminent™ Lawyer
2012 Southwest SuperLawyer Rising Star
AVVO 10/10 Superb Lawyer

Law Office of Aaron M. Black, PLLC
3219 East Camelback Road #573
Phoenix, AZ 85018
Office #: 480-729-1683
Email: aaron@aaronblacklaw.com
www.aaronblacklaw.com

Posted

I agree that something does not sound right. Clearly if in fact you were the passenger then you have a valid defense, but if the officers have evidence that you were driving and then switched seats to avoid being charged, then you've got an uphill battle and it will become a factual dispute at trial, assuming there is in fact a valid dispute.

Posted

My guess is that the police are going to contend that you switched seats with the passenger, but there are also Arizona cases about people being prosecuted for things like grabbing the wheel of a moving vehicle while drunk and in the passenger seat, so as my colleagues unanimously suggest - talk to an attorney about your case ASAP.

Anyone viewing this web site should not act on any information contained on this site without seeking professional counsel from an attorney. Use of this web site and/or transmission of information to the firm is not intended to create, and should not be construed as creating, an attorney-client relationship with the firm or any of its attorneys. If you choose to communicate with the firm or any of its attorneys or other personnel through this web site, do not transmit any confidential or sensitive information by e-mail until you have spoken to an attorney from our firm either by telephone or in person. This web site may be considered advertising under applicable laws and ethical rules. The Law Offices of Brent D. Harris, PLLC do not seek to represent anyone in any state where lawyers in the firm are not admitted to practice, or in any state where this web site fails to comply with all laws and ethical rules of that state.

Get Avvo’s 3-part DUI email series

A roundup of the best tips and legal advice.

DUI topics

Recommended articles about DUI

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer