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

Thomas Kenny Thomas D. Kenny, Esquire

0 users found helpful

0 attorneys agreed

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

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

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