DUI cases in California primarily target individuals driving under the influence of alcohol or drugs, as outlined in California Vehicle Code sections 23152 and 23153. These laws establish the illegality of operating a vehicle while impaired. However, questions frequently arise regarding the potential criminal liability of passengers in DUI situations. An experienced DUI defense attorney will help you understand the circumstances under which a passenger might face legal consequences related to a DUI, as well as other potential charges that could arise during a DUI investigation.
How California Law Determines Who Was Driving in a DUI CaseA passenger who is intoxicated cannot be charged with DUI unless there is compelling evidence indicating they were driving or had physical control of the vehicle. California law, primarily the California Vehicle Code, holds liable the person in physical control of a vehicle while under the influence. Identifying the true driver becomes a critical aspect of investigations, especially after accidents where confusion about who was driving may exist. In Los Angeles and throughout California, law enforcement officers are trained to look for various indicators to determine the driver's identity. These include the individual's position in the vehicle, the placement of seat belts, injuries consistent with driving (such as airbag deployment), and statements from witnesses at the scene regarding who was operating the vehicle.
Officers may also review dashcam footage, surveillance videos from nearby businesses, or traffic camera recordings to establish who was driving in the moments leading up to a traffic stop or collision. If evidence surfaces indicating that the person claiming to be the passenger was indeed driving at the relevant time, that individual can be charged with DUI under Vehicle Code sections 23152 or 23153. California courts have also recognized rare instances where a passenger who physically interferes with the vehicle's operation, such as grabbing the steering wheel, can be considered the driver if their actions demonstrate control over the vehicle's direction. This means that even if someone is seated in the passenger seat, actively manipulating the steering wheel or other controls could lead to a DUI charge.
Can a Passenger Aid and Abet a DUI in California? Penal Code §31 ExplainedWhile DUI itself falls under the California Vehicle Code, the California Penal Code contains sections that can implicate a passenger in a DUI offense, particularly Penal Code section 31. This section defines principals to a crime as "all persons concerned in the commission of a crime... whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission."
Legal Definition of Aiding and Abetting: Aiding refers to helping someone commit a crime, while abetting involves encouraging or inciting the crime. Under California law, as outlined in Penal Code section 31, anyone who aids and abets a criminal act is treated as if they committed the crime themselves. For a passenger to be considered an aider and abettor in a DUI, the prosecution must prove that the passenger did more than simply ride in the vehicle. They must demonstrate that the passenger actively assisted or encouraged the driver in the commission of the DUI. This could involve actions such as urging an obviously intoxicated person to drive, providing alcohol to the driver while they are driving, or actively helping the driver evade police.
To secure a conviction for aiding and abetting, the prosecution must prove the following elements:
It is important to note that mere presence at the scene of the crime or simply knowing about the driver's intention to drive drunk is not enough to establish aiding and abetting. The passenger must take some active step to assist or encourage the driver.
Passenger Charged as an Accessory After a DUI in Los AngelesIn situations where an intoxicated passenger attempts to help the driver avoid arrest or conceal evidence after a DUI-related incident, they could face charges under Penal Code section 32. This section defines an accessory after the fact as someone who, after a felony has been committed, knowingly harbors, conceals, or aids a principal in the felony, with the intention that the principal may avoid or escape from arrest, trial, conviction, or punishment. This charge becomes particularly relevant in cases of felony DUI under Vehicle Code section 23153, which typically involves injuries or fatalities resulting from driving under the influence. While not a direct DUI charge against the passenger, being an accessory after the fact carries serious criminal consequences.
Jury Instructions for DUI and Aiding and Abetting: CALCRIMWhen a DUI case involving a passenger proceeds to trial under an aiding and abetting theory, judges in California will use specific jury instructions to guide the jurors on the relevant laws. The primary instructions related to DUI are CALCRIM 2100 (Driving Under the Influence) and 2110 (Driving With a BAC of 0.08% or More). However, when a passenger is accused of aiding and abetting, the court will also provide instructions related to accomplice liability, primarily CALCRIM 400 and 401.
CALCRIM 400: Aiding and Abetting: General Principles: This instruction explains the general legal principles of aiding and abetting. It clarifies that a person can be guilty of a crime if they either directly commit it or aid and abet the perpetrator who directly commits the crime. It emphasizes that for someone to be guilty of aiding and abetting, they must know of the perpetrator's unlawful purpose and specifically intend to, and do, aid, facilitate, promote, encourage, or instigate the perpetrator's commission of the crime.
CALCRIM 401: Aiding and Abetting: Intended Crimes: This instruction outlines the specific elements the prosecution must prove beyond a reasonable doubt to establish that a defendant is guilty of a crime based on aiding and abetting that crime. These elements are:
These instructions ensure that the jury understands the specific legal requirements for finding a passenger guilty of aiding and abetting a DUI. The jury must find that the passenger acted with knowledge of the driver's intoxication and intending to help the driver commit the act of driving while under the influence.
Penalties for DUI Passengers in Los AngelesSentencing for DUI offenses in California is primarily directed at the driver and takes into account factors such as prior DUI convictions, the presence of aggravating factors (like high BAC or an accident causing injury), and refusal to submit to chemical testing. Penalties for a first-time DUI driver can include fines, alcohol education programs, probation, and a potential jail sentence of up to six months. Subsequent DUI convictions carry increasingly severe penalties.
However, a passenger convicted of aiding and abetting a DUI under Penal Code section 31 faces the same potential penalties as the driver. This means that if the driver is charged with a misdemeanor DUI, the passenger could also face misdemeanor penalties, which might include fines, probation, and jail time. If the driver is charged with a felony DUI (due to prior convictions or aggravating circumstances), the passenger could also face felony penalties, including significant fines and state prison time. The specific sentence will depend on the circumstances of the case and the defendant's criminal history.
Similarly, a passenger convicted of being an accessory after the fact under Penal Code section 32 faces penalties that depend on the underlying felony committed by the driver (felony DUI). These penalties can include fines, probation, and imprisonment in county jail or state prison.
It is crucial to understand that the sentencing for a passenger involved in a DUI case can be significant and is directly tied to the severity of the driver's offense and the passenger's level of involvement.
Passenger Rights During a Los Angeles DUI InvestigationDuring a DUI investigation, law enforcement officers often question all occupants of the vehicle. Passengers may be asked about the driver's alcohol consumption, their origin and destination, and whether they observed any signs of impaired driving. Passengers can also become important witnesses if the case goes to trial, especially if they made statements about the driver's condition before the arrest. These statements can be used as evidence against the driver or to support the driver's defense.
Passengers generally have the right to refuse to answer questions that could potentially incriminate them. This is protected by the Fifth Amendment of the U.S. Constitution. However, in a lawful traffic stop, passengers are typically required to provide identification to the police if asked. If a passenger has any concerns that their statements could lead to self-incrimination or suggest a violation of Penal Code sections 31 or 32, it is advisable to consult with an attorney before speaking to law enforcement.
What Happens to the Vehicle and Passenger After a DUI Arrest in Los Angeles?After a driver is arrested for DUI, the passenger's ability to leave the vehicle depends on several factors. If the passenger is sober, holds a valid driver's license, and is legally permitted to operate the vehicle, law enforcement may allow them to take custody of the car. However, if the passenger is visibly intoxicated, unlicensed, or otherwise unable to drive legally, the police may decide to tow the vehicle. Depending on the specific policies of the law enforcement agency and the officer's discretion, the passenger might be allowed to contact someone else who can legally drive the vehicle and remove it from the scene.
Can DUI Passengers Face Drug or Weapon Charges After a Traffic Stop?A DUI stop can sometimes lead to additional criminal charges for passengers if officers discover evidence of other offenses. For instance, if police observe an open container of alcohol, smell marijuana, or suspect illegal drug possession, they may expand their investigation. This can lead to a search of the vehicle, particularly if officers believe they have probable cause to find further contraband. If illegal substances or weapons are found during such a search, the passenger could face charges related to drug or firearm offenses, provided there is evidence linking the passenger to the contraband.
In these situations, the passenger's liability arises not simply from being in a vehicle with an intoxicated driver but from evidence indicating that the passenger possessed or had control over the illegal items. Prosecutors typically need to prove that the passenger was aware of the item's presence and had the ability and intent to control it. Charges that could result from such discoveries include violations of the Health & Safety Code (for drug offenses) or the Penal Code (for weapons offenses), independent of any DUI charges against the driver.
Legal Defenses for Passengers Accused in DUI Cases in CaliforniaWhether you are a driver or a passenger involved in a DUI investigation, potential legal defenses depend heavily on the specific facts of your case. If you were merely a passenger and did not actively assist or encourage the intoxicated driver, you should generally not be held liable under California's DUI laws. Demonstrating that you never had control of the vehicle and had no intention of helping the driver commit a crime is often sufficient to avoid DUI-related charges.
However, if the prosecution alleges that you were driving or that you aided and abetted the DUI, a strong defense may involve challenging the credibility of witness statements, scrutinizing the reliability of any video evidence (such as dashcam footage), and questioning whether the police officer had a valid legal basis for the initial traffic stop and subsequent arrest. If a passenger is charged with possession of contraband found during a DUI stop, defenses might focus on proving that the passenger was unaware of the contraband or lacked the intent to control it.
Regardless of the specific circumstances, anyone facing DUI or related charges must seek legal counsel from an experienced criminal defense attorney as soon as possible. At Kraut Law Group Criminal & DUI Lawyers, we have a thorough understanding of DUI law, the relevant Penal Code sections, the standard jury instructions (CALCRIM), and potential sentencing outcomes, which can provide invaluable assistance in developing a robust defense strategy.
Speak With a Los Angeles DUI Attorney About Passenger InvolvementIf you or someone you know has been arrested for or charged with a DUI offense in California, whether as a driver or a passenger facing related accusations, it is vital to seek immediate legal counsel. Speaking with an experienced Los Angeles DUI lawyer can help you understand your rights, explore potential defenses, and navigate the legal process to achieve the best possible outcome for your case.
For more information about DUI and vehicle passengers, and to schedule a free consultation, contact Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. He can be reached 24/7 at 888-334-6344 or 323-464-6453. Effective legal representation can significantly impact the resolution of your case, particularly when a passenger's role is in question or when additional charges have been filed following a DUI investigation.