Friend drives drunk in your car. Who gets the blame?

Question

Say you're at a bar and you end up getting trashed. Too trashed to drive and your friend assures you that he/she is OK to drive you and your car back to your place. They end up getting pulled over by the cops, while you're still in the car. They get convicted of a DUI, even through you thought they were OK to drive (in your state of judgment), plus the fact that it's your car. What would happen? Would your car get impounded? Would it go on your record, or would your insurance company get notified of it? I'm just curious what would happen in that scenario.

Answer 1

I figured someone would have gotten it all right by now, but I'm looking at some strange answers above me.

First off, only the operator of the vehicle (all 50 states included) can be charged with DWI. An element of Driving While Intox is that you are OPERATING the motor vehicle. This could mean that your car is idling in a parking lot with you behind the wheel.

Second, you must be impaired by drugs or intoxicated (misdemeanor) or impaired (usually a violation) by alcohol. This can be proved through an intoxilizer 5000 at the precinct or a blood test. However, most states also have what's known as "common law DWI" which is nothing more than the police officer's observations of your intoxication. That can be: bloodshot eyes, slurred speach, unsteady on your feet, alcohol on breath and performance on standard field sobriety tests (walk and turn, horizontal gaze and nystagmus, leg raise and portable alcosensor (SD2).

Now back to your questions, your friend would be arrested for DWI, your car MAY be impounded, but almost definitely would if it's his second DWI, it would NOT go on your record and your insurance company should not be notified, unless there was an accident.

Just remember that if a cop wants your car impounded, he can. Your best bet is to speak to the PO when he's available, be VERY NICE (he has your car) and explain that you both thought he was ok to drive and that it's your car, can you have someone pick it up, since you originally were trying to be responsible about not drinking and driving. I've never spoken to a PO who said no to that respectful request.....unless it was a felony and a mandatory forfeiture.

Answer 2

Normally, the cops will ask the passenger if they have been drinking. If you say 'Yes', then they will do one of two things.

1) Park the car on the side of the road or in a nearby parking lot, and tell you to come back for it tommorow.

2) Have it towed.

This generally depends on the location of the stop. My suggestion is that if you EVER get pulled over for ANYTHING, try to make it to a parking lot before stopping. If your car is parked at the side of the road, the likelyhood of it getting towed increases greatly. However, if you pull into a parking lot, you won't have to worry about it. The cops will let you walk home (at which point, if you feel courageous, you can start walking, hide in the bushes, and retrieve your car when they leave. After all, they will be busy booking your friend for a DUI).

Answer 3

1. If the cop is feeling charitable and feels the passenger is okay to drive he can ask the driver if it is okay with him for the passenger to drive the car home. If the passenger is not able, the car is towed. The passenger might be given a chance to call a cab, might be arrested for public intoxication; it's up to the cop.
2. The driver is the one who gets the DUI. The owner of the car, who handed over the keys, might get aiding and abetting.
3. The cops don't notify insurance companies of anything; that's a civil matter and not their job. They will respond to requests from insurance companies, but other than that, don't worry about it.
4. Since the passenger was not driving, there is nothing to go on his record (unless the cop decides to bust him for PI and/or aiding and abetting, but that's not on the driving record).

Rule of thumb: if you're going out with friends set one to be a designated driver. If you don't do this you have to assume that all your friends are as bad off as you are.

Answer 4

The law states your friend insurance null and void DUI regardless who is driving. You have got to be joking to allow afriend to drink drive? Worst case scenario how would youfeel if your friend was involved in a serious accident you will be found guilty (poor judgement) is not a defence sorry.

Answer 5

Car will still get impounded most likelly. (unless you are really lucky) But it is the drivers DUI only so it wont get to youre record or insurance.

Answer 6

He made a mistake. do you realize every person that has in no way made a mistake? He possibly desires to appreciate he has acquaintances greater now then ever. If it is his first time do no longer shun him. He does ought to comprehend that what he has completed is undesirable, yet he will choose help to no longer return to it.

Answer 7

its all on them.... doesnt go on your record since you didnt commit the offence, depends on the state on if your car gets impounded i think. and insurance, it wont be on your record

Answer 8

Your friend goes to jail for DUI, you go to jail for public intoxication, and your insurance rates skyrocket.

And...you didn't even pick up any chicks, what a waste of a good drunk.

Answer 9

DON`T DRINK AND DRIVE.....DRINKING AND DRIVING IS BAD.......DON`T PASS GO... DON`T COLLECT $200.00 GO DIRECTLY TO JAIL ....SERVES YOU RIGHT BRAIN DEAD TOSSERS.....THANKS TO THE COPS YOU DID NOT KILL A FAMILY .............this is aimed at the people in the unlikely scenario that someone would be so stupid as to drink and drive

Answer 10

hopefully you'll both have serious probelms

why cant you just take a cab and be on the safe side?