You may wonder if a passenger can receive a DUI charge despite not being in the driver’s seat. In most cases, a passenger does not meet the requirements for a DUI under Rhode Island’s laws.

However, there are often exceptions depending on specific circumstances. In many cases, police look at who had control of the car, not who sat in the driver’s seat at that moment. That distinction can put a passenger at risk in certain situations.

When a “passenger” can still face a DUI in Rhode Island

According to Rhode Island’s DUI laws, a person cannot drive or be in “actual physical control” of a vehicle while impaired. Despite this, there are some situations where a passenger may qualify for a DUI charge. These include the following scenarios:

• Sitting in the driver’s seat with the keys, even if you are not driving
• Starting the engine to charge a phone while drunk
• Parking to sleep off the effects of alcohol, but keeping the keys within reach
• Driving under the influence before switching seats with a passenger

While it may be unlikely for a passenger under normal circumstances to be in control of a vehicle, some situations can lead to a DUI charge. For example, if a passenger is drunk and yanks the wheel or messes with the driver, they may face legal penalties if it is proven they were in control of the vehicle. Similarly, if a drunk driver swaps seats with a passenger, they may face a DUI charge if there is proof they controlled the vehicle under the influence of alcohol.

What can you do to avoid a DUI?

You can avoid a DUI charge as a passenger if you ensure that you never have actual physical control of the vehicle while under the influence. To avoid potential accidents and legal trouble, it is important to ensure that whoever is driving is sober and that nobody drunk – passenger or otherwise – assumes control of the vehicle for any given reason. This way, you can avoid potential DUI charges and make it home safe and sound.