Being in the wrong place at the wrong time can lead to unexpected legal challenges. Many people believe that as a passenger, you are immune to DUI-related charges. But this is not always the case. Continue below to understand your rights and responsibilities under Virginia law.
Can passengers be charged with DUI in Virginia?
Many people think you can get a DUI in Virginia just for being in the car, but that’s not true. The state’s DUI law only applies if you drive a vehicle while drunk. But as a passenger, you should know about other legal risks:
- As a passenger, you can be charged with public intoxication if you exit the vehicle while visibly impaired
- If you ride as a passenger while knowingly allowing an intoxicated person to drive their car, you could face charges of reckless endangerment
- If any alcohol is present in the vehicle and there are any underage passengers, your driver may face additional consequences
It’s important to remember that while you may not face DUI charges as a passenger, your actions and decisions can still have legal implications.
What are a passenger’s rights during a DUI stop?
When your vehicle encounters a stop and the police suspect your driver of DUI, as a passenger, you have certain rights including:
- Having the right to remain silent and not answer questions about the driver’s alcohol consumption.
- Refusing to perform field sobriety tests, as these are specific for the driver.
- Avoiding any charge if you’re of legal drinking age even when there are open containers in the vehicle unless you’re actively drinking.
However, passengers should cooperate with law enforcement and follow their instructions to avoid escalating the situation.
How can passengers protect themselves?
Being in a DUI stop, even as a passenger, can stress you out. You must know your rights and duties, but DUI laws can confuse you. If you are in this spot, talk to a lawyer. They can help you understand your rights and keep you safe. A lawyer who knows Virginia’s DUI laws can guide you on how to deal with the police and handle any legal issues that may come up.
