While the DWI laws in Texas typically only apply to drivers, there are times when a passenger may find themselves in trouble with the law.
Being pulled over for a suspected driving while intoxicated (DWI) is a stressful experience, even if you are not driving. Although it is unlikely that you would be charged with a DWI as a passenger, it is possible. There is also the possibility that you could face other criminal charges, depending on the circumstances. Below, one of our Travis County criminal defense lawyers explains in further detail.
Elements of a DWI in Texas
The offense of driving while intoxicated in Texas has several elements. A person must have been operating a vehicle in a public space with a blood alcohol concentration (BAC) of 0.08 or higher. If a person does not possess the normal use of their mental or physical faculties due to consuming drugs or alcohol. It is important to note that operating a vehicle does not necessarily mean driving. Sitting in a vehicle with the engine idling while intoxicated can also result in DWI charges.
When Can a Passenger Face DWI Charges?
There are certain instances when passengers can be charged with a DWI. These include:
- Remaining in the vehicle while in control of the keys: This is perhaps the most common way passengers are charged with a DWI. For example, someone may try to ‘sleep it off’ in their vehicle. If they have the keys or the engine is running, this can result in DWI charges.
- Arrest after a crash: After an accident, people often exit the vehicle they are in for safety purposes or to check themselves and others for injuries. This can cause some confusion among law enforcement and witnesses about who was actually driving the vehicle at the time.
- Changing seats: If a police officer believes an intoxicated person changed seats with a sober passenger to avoid DWI charges, they could still be charged with a DWI.
- Operating the vehicle as a passenger: If a police officer has reason to believe a passenger operated the vehicle while intoxicated, the passenger may face DWI charges. For example, if an intoxicated passenger grabbed the steering wheel and caused the vehicle to veer out of the lane, they could face DWI charges.
What Other Charges Can Intoxicated Passengers Face?
Passengers can also face charges other than a DWI in certain situations. These include:
- Possession of illegal drugs on the passenger’s person or in he vehicle
- Public intoxication if the passenger became aggressive or belligerent
- If the passenger was in possession of an open alcohol container
- If the passenger was under 21 years old
Our Criminal Defense Lawyers in Travis County Can Help
If you have been charged as a passenger, you need legal help. At Granger and Mueller, PC, our Travis County criminal defense lawyers know how to defend these charges to help you beat them and ensure your future is protected. Call us now at (512) 474-9999 or contact us online to schedule a consultation and to learn more about how we can help with your case.