Can Passengers Face DUI Charges in California? What You Need to Know

Driving under the influence (DUI) is a serious offense in California, with strict laws and harsh penalties for those found guilty. But what if you’re not the one driving? Many Californians wonder: Can a passenger be charged with DUI just for being in a vehicle with a drunk driver? Whether you’re catching a ride home after a night out, helping a friend get behind the wheel, or just happen to be in the wrong place at the wrong time, understanding your rights and responsibilities as a passenger is essential.

This blog breaks down everything you need to know—from what the law actually says, to scenarios where passengers have been mistakenly arrested or questioned. If you’ve ever ridden in a car where alcohol or drugs were involved, or you’re worried about legal risks as a passenger, this guide will help you stay informed, protected, and in control.

California DUI Laws: Who Can Be Charged?

In California, DUI laws are outlined in Vehicle Code Section 23152, which states:

• It’s unlawful to drive a vehicle under the influence of alcohol or drugs.

• It’s also illegal to drive with a Blood Alcohol Concentration (BAC) of 0.08% or higher.

The key word here is “drive.” California law does not criminalize being a passenger in a car with an impaired driver. That means if you’re not operating the vehicle, you typically cannot be charged with a DUI.

Who Counts as “Driving” vs. “Passenger”?

The difference between a driver and a passenger may seem obvious, but certain situations can blur the lines.

• If you are behind the wheel with the keys in the ignition, you may be considered to be “driving” even if the car isn’t moving.

• Courts have held that sitting in the driver’s seat while intoxicated—even if the engine is off—can qualify as attempted DUI if you have access to the keys and appear capable of operating the vehicle.

• Someone found asleep in the driver’s seat with the car running has been charged with DUI in past cases.

By contrast, someone sitting in the passenger seat or backseat, with no access to the controls or keys, is not considered the driver under the law and cannot be charged with DUI under normal circumstances.

Can a Passenger Be Arrested or Detained?

Yes, but not for DUI in most cases. Law enforcement may temporarily detain or question a passenger during a DUI stop if:

• There’s confusion about who was driving.

• The officer suspects that the driver and passenger switched seats.

• The passenger is found in the driver’s seat with the engine off but keys nearby.

In these situations, a passenger might be arrested while the investigation continues—but if evidence shows they weren’t driving, DUI charges are usually dropped.

What If the Passenger Handled the Keys?

Handling car keys while intoxicated can raise suspicion that you intended to drive, especially if you’re found near or in the driver’s seat. Police officers may:

• Use this as probable cause to arrest you.

• Assume intent to operate the vehicle.

To avoid legal risk, it’s best not to touch the keys or sit in the driver’s seat if you’ve been drinking or using drugs.

Can a Passenger Get a DUI for Trying to Help?

You might think that stepping in to help a drunk friend drive is the right thing to do—but if you’re also under the influence, you can be charged with DUI the moment you take control of the vehicle.

Once you touch the wheel or attempt to operate the car while intoxicated, you are legally the driver—even if your intention was to help. The law focuses on control, not motives.

Civil vs. Criminal Liability for Passengers

Even if you can’t be charged with DUI as a passenger, you could still face:

• Civil lawsuits for encouraging or enabling a drunk driver.

• Criminal penalties for aiding and abetting if you gave the driver alcohol, handed them the keys, or pressured them to drive.

While these charges are rare, they are legally possible depending on the circumstances.

Examples

Sitting Behind the Wheel While Intoxicated:
A man was found passed out in the driver’s seat with keys in the ignition. Though he claimed he wasn’t driving, the court upheld his DUI arrest due to the potential for vehicle operation.

Sober Passenger in the Backseat:
A vehicle was stopped, and all passengers were questioned. One sober passenger had no alcohol, no contact with the keys, and remained in the backseat. They were released with no charges.

Trying to Take the Wheel:
An intoxicated person attempted to take the keys from a drunk driver and accidentally ended up behind the wheel. Though they claimed they didn’t drive, they were briefly arrested for suspicion of DUI, which was later dropped after evidence showed no intent to operate the car.

What If You’re Wrongly Arrested?

If you’re a passenger and get arrested for DUI:

• Hire a DUI attorney immediately to challenge the evidence.

• Gather proof that you were not operating or intending to operate the car—such as dash cam footage, Uber records, or witness statements.

• File a motion to dismiss if the police lacked probable cause.

• Know your rights, including the right to remain silent and the right to an attorney.

Innocent passengers are occasionally caught in DUI investigations—but with proper legal support, these cases are usually resolved quickly.

Passenger Responsibility: How to Stay Safe

Here’s how to reduce your legal risk as a passenger:

• Don’t sit in the driver’s seat if you’re intoxicated.

• Avoid handling keys in or around the vehicle.

• Stay in the backseat if possible.

• Use ride-sharing services or call a sober friend instead of getting in a car with a drunk driver.

• Speak up if someone suggests letting an intoxicated person drive.

• Know your rights and act calmly during any police interaction.

Frequently Asked Question

Can a passenger’s BAC be used as evidence?
Yes, but not to charge them with DUI—only to determine who may have been driving.

Can minors be charged if they’re passengers in a DUI situation?
Minors can’t be charged with DUI if they weren’t driving, but the driver may face enhanced penalties for transporting an underage passenger while intoxicated.

Are Uber or Lyft passengers at risk?
Generally no. However, intoxicated passengers can be reported or face separate legal consequences for misconduct.

Bottom Line: Passengers & DUI in California

• Only the driver can be charged with DUI

• Passengers are rarely prosecuted, but may be arrested or investigated if they appear to have control over the vehicle

• To stay safe, avoid all behavior that could be seen as driving or enabling impaired driving

If you or someone you know has been wrongly arrested as a passenger in a DUI case, don’t navigate it alone. Contact us today for a free consultation and get trusted legal guidance from experienced California DUI attorneys who understand how to fight wrongful DUI allegations.