Let's say the driver is not drinking, he is just the designated driver. The other 2 passengers finished their beers at the party but they brought along the remaining 4 beers to drink at home. No open containers in the car. Can they all be arrested for DWI.
2007-01-12 04:15:39 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I doubt anyone will be arrested for DUI. Some towns have a local ordinance which will not allow you to have beer in the drivers compartment. That violation would be a citation. It's a bad idea to get into that situation, put the beer in the trunk. Hope that helps.
2007-01-12 04:27:10 · answer #1 · answered by The Cleaner 2 · 0⤊ 0⤋
No. If you have no open containers in the car and the driver hasn't been drinking, there should be no ticket/arrest. Only the driver can be issued a ticket or arrested for driving under the influence.
A cop who pulled the car over might still ask the driver to take a field sobriety test, especially if he sees the 6 pack with two missing beers. Be calm with the cop, explain you're the Designated Driver, and if he asks for a breathalyzer or some other test, comply.
2007-01-12 04:28:23 · answer #2 · answered by asoneill99 3 · 0⤊ 0⤋
Well in the state of Texas you are well within your rights if there is no open container and the driver has had nothing to drink. The term DWI is only applied if you are driving the vehicle while intoxicated. If the driver is drunk and the passengers are drunk then the driver gets a DWI and the passengers would get a PI public Intoxication charge because they are not fit to drive.
2007-01-12 04:33:24 · answer #3 · answered by toddyoung78 1 · 0⤊ 0⤋
ok, let's analyze your question- if the driver was not drinking or intoxicated, how could they be charged with DWI ? now, if it is an AGE issue, where you or they were minors in possession or minors transporting alcohol, that is an arrestable offense in some states. Only the operator of the veh. can be charged with dwi, the passengers could be taken into protective custody, but not charged with a driving offense.
2007-01-12 04:22:00 · answer #4 · answered by Officer Baz Says... 2 · 0⤊ 0⤋
Depends on the officer, and only 1 person can be charged for DWI, the rest can (like I said depending on the officer, if you did not piss him off) be arrested for "public intoxication", "disorderly conduct", "open containers" and there could be others.
2007-01-12 04:20:45 · answer #5 · answered by Anonymous · 0⤊ 0⤋
no. If the designated driver is driving and hasn't been drinking and there are no open containers, definitely not.
Hell, in missouri, you can drive your buddies around and let them drink. there are no open container laws here
2007-01-12 04:26:41 · answer #6 · answered by elfkin, attention whore 4 · 0⤊ 0⤋
It depends on whether you pass the test. You could just get a citation. It is illegal to have open containers of alcohol in your car.
2007-01-12 04:20:06 · answer #7 · answered by notyou311 7 · 0⤊ 0⤋
yes, any alcohol, opened or not, must be in the trunk, its the law here in the state of nevada, i dont really know about other states, i assume it is the same all over
2007-01-12 04:41:17 · answer #8 · answered by susan s 1 · 0⤊ 0⤋
Probably not..
Different states, different laws...
I don't see any laws being violated...
2007-01-12 04:23:47 · answer #9 · answered by Anonymous · 0⤊ 0⤋