If a driver is intoxicated and pulled over for dui, can the passenger who is also intoxicated, but not committing any other crime be arrested also?
2006-12-16 11:23:41 · 12 answers · asked by Gloom and Doom 1 in Politics & Government ➔ Law Enforcement & Police
Although a passenger can be arrested for public intoxication, if they are not unruly, belligerent, or abusive in any way then they usually will be given the option of finding a ride and not arrested!!
2006-12-16 11:51:29 · answer #1 · answered by FEVER 3 · 0⤊ 0⤋
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2016-06-02 15:45:21 · answer #2 · answered by ? 3 · 0⤊ 0⤋
In the state of Georgia that would be NO. However if the passenger gets out and procedes to yell at the officer or if the passenger refuses to follow the commands of the officer. Then the passenger could be arrested for PUBLIC DRUNKINESS and/or DISORDERLY CONDUCT and maybe OBSTRUCTION. So if the passenger complies with the officer then the officer will do whatever he or she can to help that person get home. ****FYI...LAW ENFORCEMENT IS SUBJECT TO THE LAWS OF THE LAND. We can be arrested for anything any other person can be. The only difference is we carry a gun and a badge.****
2006-12-16 11:52:59 · answer #3 · answered by nicholas b 2 · 0⤊ 0⤋
Yep.
Here in NM I know of a couple of guys who were sitting in thier truck that was parked listening to the radio and drinking a beer.
Officer arrested both for operating a motor vehicle with open container.
In your case the arrest was probably for public intoxication.
2006-12-16 11:34:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If the passenger has done nothing wrong, and is 21 and over, he/she can not be arrested for just being drunk. Now, if that person gets out of the car without being asked to do so, then they could possible be arrested for public drunkeness.
2006-12-16 13:00:12 · answer #5 · answered by gablueliner 3 · 1⤊ 0⤋
If both are drunk neither should be on the road. Rest assured the passenger is not making sure the driver is following the laws and is a safe driver. They may actually contribute to the problem.
2006-12-16 11:34:11 · answer #6 · answered by John B 5 · 0⤊ 0⤋
It's called public intoxication. So yes he can be arrested.
2006-12-16 11:43:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋
As long as the passenger is not a minor, the passenger can not be arrested.
2006-12-16 11:34:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Absolutely the passenger can be technically impairing the driver and both can be arrested.
2006-12-16 11:26:21 · answer #9 · answered by alwaysmoose 7 · 0⤊ 0⤋
The other person has not committed any crime, so most likely he will be allowed to call and have someone pick him up, or be allowed to take a cab home.
2006-12-16 12:24:53 · answer #10 · answered by WC 7 · 0⤊ 0⤋