california DUI law?
i currently already have 1 DUI.. and just wanted to ask whether it is true if i can get a second DUI just by sitting in the passenger with someone who is drunk while driving instead of me? is that the new law? ...
i currently already have 1 DUI.. and just wanted to ask whether it is true if i can get a second DUI just by sitting in the passenger with someone who is drunk while driving instead of me? is that the new law?
brianc should have stopped while he was ahead; the first part of his answer is correct, the second is not. You cannot get a DUI for sitting in a car, period, whether in the passenger OR driver’s seat. While some states make it unlawful to be under the influence and in "control" of a vehicle, California does not. The vehicle must actually be in motion for a DUI to be charged (although trying to put the car in motion and failing can be an attempted DUI–but that would be pretty hard to do from the passenger seat).
No – If someone else is driving the vehicle (drunk or otherwise) and you are drunk and sitting in the passenger seat you can not get a DUI.
On the other hand if you are drunk alone in your car sitting in the passenger seat, with the car parked it is possible to get a DUI. Even though the car was not moving and you were not in the drivers seat.