Passenger DUI Arrest
August 21, 2018
A night on the town can come back to haunt you. If you drink too much alcohol, letting another drunk individual drive you home is not a good idea. If the police pull the car over, they may arrest the drunken driver. However, under New Jersey law, it is possible for a passenger to be arrested for driving under the influence (DUI) if they are the owners of the vehicle or the vehicle is in their custody and control. The latter pertains primarily to borrowed vehicles.
A passenger arrested for a DUI can face the same penalties as a drunken driver. The passenger is at fault if they were also drunk or were aware that the driver was under the influence.
Passenger DUI Arrest Penalties
The penalties for a passenger DUI arrest depend on the blood alcohol content (BAC) of the driver. For a first offense, if the driver’s BAC level is 0.08 percent or more, but less than 0.10 percent, or if they are under the influence of narcotic or hallucinogenic drugs, the passenger may receive a fine ranging between $250 and $400. The passenger may also receive imprisonment of up to 30 days and a three-month suspension of his or her driver’s license.
If the driver’s BAC level was 0.10 percent or above, the fine ranges between $300 and $500 and the passenger may experience a license suspension for seven months to one year. The potential jail term and program requirements for the Intoxicated Driver Resource Centers remain the same.
For a second offense, fines range between $500 and $1,000 and there is a mandatory jail term for up to 90 days. The license suspension may last up to two years if the driver is convicted, and after that period, the person must install an ignition lock device on the vehicle.
Avoiding a Passenger DUI Arrest
The best way to avoid a passenger DUI arrest is to make sure no one who has been drinking or using drugs drives your vehicle. If you have imbibed more alcohol than expected, do not allow someone who has been drinking to drive your car. Either find a sober friend to drive you, or call a car service, such as Uber, Lyft, or a standard taxi, to take you home, and come back for your car when you are sober.
Haddon Heights DUI Lawyer at the Law Office of Thomas J. Gosse Represent Passengers with DUI Charges
If you or a loved one has been charged with a DUI, you need the services of the experienced Haddon Heights DUI Lawyer at the Law Office of Thomas J. Gosse. We will thoroughly review the details of your case and determine the best course of action. Contact us online or call us today at 856-546-6600 for a free consultation. We proudly serve clients throughout southern New Jersey at our Haddon Heights office.