Legal Question in DUI Law in Pennsylvania

Concerning Pennsylvania law specifically. I know the 'common sense' and spirit of the law answer to this question, but _technically_, is there a chargeable offense for driver or passenger (supervisor) in this situation:

16 year old driver has learners permit, and is operating the vehicle. Supervising parent is in passenger seat, alert, but with a BAC over the legal limit allowed if they were driving.

For reference, I'm looking at:

3802. Driving under influence...

(a) General impairment.--

(1) An individual may not ___drive, operate or be in actual physical

control of the movement of a vehicle__ after imbibing

--and--

1505. Learners' permits.

(no verbiage regarding impairment of supervising, licensed driver)

Asked on 8/01/13, 6:27 pm

1 Answer from Attorneys

Thomas Kenny Law Offices of Thomas D. Kenny, P.C.
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0 attorneys agreed

Probably not dui however ewoc could be charged. Endangering the welfare of a child.

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Answered on 8/01/13, 6:33 pm


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