If a person i caught drunk driving, and someone who is sitting next to him, that was also under the influence, but wasnt driving, DOES THAT PERSON GET IN TROUBLE??? what do they get charged with??? And while in jail a person has a right to one phone call, is there a time period in which they have to give you a phone call??? And is there bail on SUNDAY?
2007-02-11 09:00:07 · 6 answers · asked by Cavs in '09 ♥ Hurry Back BEN 6 in Politics & Government ➔ Law & Ethics
They can BOTH get the same charge for driving drunk......
everyone in the car who has a license can loose their license and get arrested too. And they should for being stupid...Drunk drivers kill people.....
Fines are high and they probably wont do any jail time for the first offense unless they are on probation or parole.
Also the one phone call is a joke..it is up to the police, they do not have to allow you one phone call to anyone except a lawyer.
They almost always allow you to call a bail agency along with a lawyer though unless you are a prick and caused the cops trouble.
I just read some of the other answers and they are wrong.
Everyone in the car can be charged for DUI, DWI, or other driving offenses in all 50 states....plus they can be charged for public drunkenness and disorderly conduct even if they didn't do anything other then ride in the car.
Pennsylvania has a law called the open container law..if there is an open container of any type of alcohol everyone in the car gets charged. Even if it is an old empty can..
2007-02-11 09:07:53 · answer #1 · answered by Anonymous · 0⤊ 0⤋
There are laws against driving while intoxicated, there ARE ALSO laws against public intoxication. And laws related to specific locations where it is or isn't legal to consume alcohol.
If an officer decides that the passenger is likely to meet the legal standards for public intoxication (however that is defined in that location), he/she would certainly choose to arrest the person on that charge. Just to play devil's advocate, it might be obvious to the officer that once the driver is in custody, the passenger is the only one left to remove the car.
Bail companies are open 24/7. That is their business. How long before you get your "legal" phone call is something I don't have an answer for.
The passenger has the right, of course... to try and convince the judge that they did not meet the standards of what they were charged with. Since you state the passenger WAS actually "under the influence", to me, that is trying to squirm out of something they really were guilty of. Millions of people do that every day... but it is kind of stupid, in my opinion.
2007-02-11 09:20:16 · answer #2 · answered by wendy c 7 · 0⤊ 0⤋
As long as the person in the passenger seat is 21 or older they can't charge you with anything. You're not breaking any laws. Depending on where you get arrested they may or may not let you bail out on Sunday but I've never heard of a jail that wouldn't let you. They usually have payphones in the booking area and give you alloted times that you can use them but you have to stand in line and if the times up before you get to the phone too bad they don't care. Here's a thought..... Don't drink and drive or ride with anyone drinking and driving a 20 dollar cab ride is a hell of a lot cheaper in the end and it's WAY safer.
2007-02-11 09:08:12 · answer #3 · answered by Nicole M 3 · 0⤊ 1⤋
You won't be charged with any moving violations (like the driver) but if you are really, really drunk, you might be arrested for public drunkenness. Those laws vary in different states and communities.
And bail is available 24/7. They'll let you use the phone when they're ready.
2007-02-11 09:04:37 · answer #4 · answered by hopper1944 1 · 0⤊ 1⤋
No, the passenger didn't break any laws, as long as (s)he is of legal drinking age. In Arizona, a passenger can even drink alcohol in the vehicle, as long as it's not in the original container, i.e. pour the beer in a glass. Yes, you can bail a person any day. I'm sure there's a time period on the phone call. I remember one movie I watched, the guy said, "Do I get my 5-min. phone call now?"
2007-02-11 09:05:58 · answer #5 · answered by itry007 4 · 0⤊ 1⤋
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2016-09-07 00:32:39 · answer #6 · answered by ? 4 · 0⤊ 0⤋