QUESTION
Is there a harsher DUI punishment if there's a passenger?
Asked on Sep 18th, 2013 on DUI/DWI - California
More details to this question:
I received a DUI with a passenger. My friend is 30 and was also intoxicated. Would there be a lesser punishment if I were alone?
6 ANSWERS
Michael J. Breczinski
This depends on the State where it happened.
Answered on Sep 20th, 2013 at 9:43 AM
What do you mean you "received" a DUI? Have you been convicted, yet? If not, the punishment is no different - NOTHING! Stop worrying about what's going to happen if you lose your case. Find a good criminal defense lawyer and FIGHT. Even if you are convicted, I don't believe having a 30 year-old passenger in your car will make a difference. If it was a young child, maybe (especially if HE was drunk). Otherwise, the presence of a passenger should not be a significant factor.
Answered on Sep 20th, 2013 at 2:56 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Not in this scenario, no. However, if it had been a child, there would be heightened penalties.
Answered on Sep 19th, 2013 at 3:23 PM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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No, the punishment will not be greater simply because there was a passenger in the vehicle. If someone, on the other hand, was injured, then you would be facing a felony charge. Merely having a passenger in the car is not an issue unless the passenger was a minor child. In that case, you would be facing "child endangerment" charges.
Answered on Sep 19th, 2013 at 9:07 AM
Only if the passenger is injured and/or a minor.
Answered on Sep 19th, 2013 at 4:02 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If this is a California DUI case your 30 year old passenger should not effect the punishment you would face without a passenger.
Answered on Sep 19th, 2013 at 3:56 AM