i got a dwi for being in the back seat of my own car even though i never drove. how is that possible?

Question

my roommate was driving my car and got a dwi. since the car was registered in my name i also received one, even though i never left the back seat. how can i be charged with driving while intoxicated? i knew i was too drunk to drive so i gave up my keys. i was too drunk to tell that my roommate was also too intoxicated to drive. i thought i was doing the responsible thing by not driving, yet i still got a dwi. how can i even be charged with this? will these charges hold up in court at all?

my roommate was driving my car and got a dwi. since the car was registered in my name i also received one, even though i never left the back seat. how can i be charged with driving while intoxicated? i knew i was too drunk to drive so i gave up my keys. i was too drunk to tell that my roommate was also too intoxicated to drive. i thought i was doing the responsible thing by not driving, yet i still got a dwi. how can i even be charged with this? will these charges hold up in court at all?



to answer your questions, my roommate was in the driver seat and the police saw her driving, she admitted to driving. i live in virginia. and my charges on my warrant of arrest lists my offense description as "DWI: 1st offense" the cop also told me i was getting arrested for a DWI also since the car was registered to me. im at a loss here.

Answer 1

Sounds like something is being left out. A vehicle can only have one driver.

Answer 2

If the cops have two drunk people in a car, both of whom deny driving it, they will charge both and let the court system sort it out.

If your roommate will testify that you never drove, the charges against you may be dropped.

But, you don't say where you live or the exact statute you were charged with. It is possible that you are not being charged with an offense that involves actual driving, but something more along the lines of being drunk in public.

Answer 3

IF you were actually in the back seat, YOU were not charged with DWI. My GUESS is that you were charged with allowing an intoxicated person to drive your car. Ask your attorney EXACTLY what you are charged with.