We often think of DWIs as charges against intoxicated drivers, but passengers might also be charged under specific circumstances. The passenger does not even have to be intoxicated to be charged, and they may face the same penalties as the intoxicated driver.
Passengers may be charged if the driver is under the influence of drugs or alcohol, and the passenger owns the vehicle and knowingly allowed the driver to get behind the wheel. They can even be charged if they do not own the vehicle in some situations. Fighting the charges may involve explaining that you did not know that the driver was intoxicated or that you were not in the car willingly. If a passenger is charged, they could lose their license just like the intoxicated driver.
Get a free, confidential case assessment from our Bargaintown, NJ DUI and DWI defense attorneys when you call the Lombardo Law Group at (856) 281-9600.
How a Passenger May Be Charged with a DUI
Although it might sound strange, a passenger may be charged with a DUI in addition to the driver under specific circumstances. While these kinds of DUIs are more unusual, they are still possible.
Passengers may be held responsible for allowing someone to drive while under the influence. Under N.J.S.A. § 39:4-50(a), a person may be charged with a DUI if they permitted a drunk person to drive their vehicle. If the passenger in the car owns it and knowingly allows their drunk friend to drive it, both may be charged with a DUI.
Under the same law, a person may be charged with a DUI for simply permitting someone they know to be drunk to drive. The passenger in the car does not necessarily have to own the car to be charged. If the police believe the passenger knowingly allowed the driver to operate the vehicle while intoxicated with a blood alcohol concentration (BAC) of at least .08%, the passenger can be charged.
It should be noted that passengers can be intoxicated as long as they do not get behind the wheel. If the driver is not intoxicated but the passenger is, there is no reason why they should be charged.
How Passengers May Fight DUI or DWI Charges in New Jersey
DUI charges against passengers tend to be less common, and evidence to support the charges is not always strong. You might fight the charges if you did not own the car or did not permit the intoxicated driver to operate the car, among other possible defense strategies.
DUIs may be assessed against those who knowingly allow an intoxicated person to drive their vehicle. If you did not own the vehicle in question and were just a passenger, you might be able to fight the charges.
In addition, you might dispute that you knew the driver was intoxicated. A key element in charges like these is that the passenger knew the driver was under the influence and let them drive anyway. Proving your intent or knowledge is difficult for prosecutors, and our Cherry Hill, NJ DUI and DWI defense lawyers may be able to fight the case.
What Happens to a Passenger’s Driver’s License After a DWI?
Since a passenger may be charged with a DUI or DWI similar to a driver, it makes sense that they may face similar consequences, including potential license suspensions.
If you have a license, it may be suspended, just like a driver convicted of a DUI or DWI. This may range from a few months to several years, as determined by the facts of the case. Remember, repeat violations tend to result in longer suspensions. If you have previously been convicted of a DUI, your license suspension will likely be longer this time, even if you were only a passenger.
If you do not have a license, you may face other penalties common in DUI cases (e.g., fines, potential jail time), and you may be barred from obtaining a license during the suspension period. For example, if your license would be suspended for 2 years, you would be barred from obtaining a license until the suspension period is over.
What Happens to Passengers During a DWI or DUI Stop in New Jersey?
Just because a passenger is not behind the wheel does not mean they are free from the scrutiny of police. If you are a passenger in the car during a DUI or DWI stop, be prepared to be questioned by the authorities.
Generally, the police may investigate the driver and all passengers in the vehicle for signs of intoxication. Even if only the driver is deemed to be under the influence of alcohol or other substances, the passengers may be asked about who owns the vehicle and whether they knew the driver was intoxicated.
If you truly did not know that the driver was intoxicated, be prepared to explain that to the police. If you are still arrested, contact an attorney immediately. Remember, just because you are arrested does not mean you are guilty. If you truly did not know about the driver being intoxicated, we may work to get the charges dropped.
How an Attorney Can Help Passengers Charged with DWIs or DUIs
Your lawyer can help you start working on your defense from the first day you call them. Effective defense strategies may involve challenging the claims by prosecutors that you allowed the intoxicated driver to borrow your car. Even if you did lend them your vehicle, they may have been sober when they picked it up, and you might not have known they would become intoxicated.
Speak to Our New Jersey DUI and DWI Defense Attorneys About Your Situation
Get a free, confidential case assessment from our Collings Lakes, NJ DUI and DWI defense attorneys when you call the Lombardo Law Group at (856) 281-9600.
