Can i get DUI as a passenger
Question: I was pulled over for DUI after leaving a bar in Studio City with my husband. I was told that I was speeding. The office went to the passenger side and asked my husband if he would consent to a field sobriety test. He said no. the officer asked why? and he said “because I am not driving”. The officer than placed my husband under arrest for DUI. I was asked to take a field sobriety test and passed. I wasn’t given a speeding ticket, citation or even a verbal warning. He now has a Van Nuys DUI case. Can this be right?
Answer: In short, the state must prove driving to convict someone of a DUI. The officer may claim he saw you switch seats. Cal me to discuss further. Sounds like a great case to defend from what you wrote!
Criminal & DUI Defense Attorney