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.
This website provides general information and general principles of law and does not provide private legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
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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