Passenger DUI?

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PostPosted: Fri Feb 03, 2012 8:47 am   Post subject: Passenger DUI?  

Can a passenger get a DUI ticket? I was in the navigator’s seat while my friend was driving. He was the designated driver for the night as I was on a binge with a few buddies. The cops pulled us over and asked both of us to take the breathalyzer test. My friend passed but of course I didn’t. Now a month later I get a call from my insurance company and they are telling me that my auto insurance rate has gone up to $318 from $178. I asked why and they told me that I had been cited for a DUI. I know that DUI is a major traffic violation and it’s a good reason for my rates to go up. But I wasn’t driving! Far from it! How do I contend this? I always thought you could only get a DUI ticket if you were the driver.
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Liandri
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PostPosted: Fri Feb 03, 2012 10:20 am   Post subject:   

Here is my question... where you cited? I'd think you'd know this. You certainly don't deny being cited for this in this post. If you were not cited you could easily show this. If you were cited, did you fight the citation? If you did not... then you were cited and you've answered your own question.
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PostPosted: Fri Feb 03, 2012 2:05 pm   Post subject:   

Yes, in some states you can possibly be charged with a DUI even if you are a passenger. To simplify the picture:

Your car is parked, the keys are in the ignition, you are standing outside the car and you are drunk.

In such a case you can actually get a ticket.

I had a client who got charged with a DUI. He had his vehicle parked in a motel's parking lot and as soon as he had got into the car and put the keys in the ignition, he got busted. The car hadn't moved Wink
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