If I am driving my car, sober, and my husband is a passenger wanting to have a beer, if I got pulled over for speeding or whatever, would I get a DWI ticket?
3 Answers from Attorneys
You would not get a DUI, but you would get a open bottle charge.
Hello. Your post is confusing. Do confer privately with an attorney for whatever legal needs or issues your are facing.
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Tricia Dwyer, Esq.
The driver of a vehicle would not be cited with a DWI if the officer has no reason to believe they are intoxicated and/or their blood alcohol content is in excess of .08. Having an intoxicated passenger does not mean the driver can be charged.
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