Texas aggressively fights drunk driving. But is the state so aggressive that it would charge a passenger with DWI? If you are seated in a car that gets pulled over by police, are you at risk of getting slapped with a DWI?
The answer is “possibly.” At Tad Nelson & Associates, we’ve seen some crazy prosecutions for DWI, including passengers facing criminal charges for DWI. Read on as we explain how innocent passengers sometimes face criminal sanctions.
How is a Passenger Charged with DWI?
Under Texas Penal Code section 49.04, a person is guilty of DWI if they are intoxicated and operating a vehicle in public. Based on a literal reading, a passenger cannot be charged with DWI because they are not “operating” a vehicle—the driver is.
But things are not that simple. For example, the police might arrive at the scene of the accident until everyone has gotten out of the vehicle. A passenger takes the car keys and has them in his possession when the officer reaches the scene. If the officer sees that this person is intoxicated, he might assume this person was driving and make an arrest for that reason.
Another situation involves sitting in a parked car when there is no one else in the vehicle. An officer might assume you were driving the car if you have the car keys in your hand. This is a reasonable assumption, especially if there is no one else around who could have driven the vehicle.
Although these might be misunderstandings, the officer has reason to assume you were driving in both situations—hence the arrest. You should explain to your attorney what really happened. In our capacity as your Houston DWI Lawyer, we can present your side of the story and look for witnesses to back you up. The prosecutor needs proof beyond a reasonable doubt that you were operating the car while intoxicated, and that evidence might be lacking.
Passengers Can Face Related Charges
Even if you aren’t charged with DWI, you could face other criminal charges for an open container violation. Put simply, it’s illegal to be in a car in public and have an open alcoholic beverage in the passenger compartment with you. An open container can be anything from an opened beer can to a bottle of wine which you have recorked.
You can face open container charges even if you weren’t drinking from the bottle. The open container is sufficient for criminal sanctions. Defendants face Class C misdemeanor charges, which can net them a fine and headaches because they now have a criminal record.
Let Us Clear Up Any Confusion
As Houston DWI lawyers with decades of experience, we always remind clients that an arrest is not a conviction. The evidence needed to make a lawful arrest is much lower than what the state needs to actually convict you of a crime. Let us pull together your defense and present it in a compelling way to the judge and prosecutors. Contact Tad Nelson to get started.
Contact our law firm at anytime by calling 281-502-2122.
