DWI

Can a Passenger Get a DUI? Understanding the Law

6 months ago by Justin M. Schiks

Can a passenger get a DUI in Minnesota? It might sound unlikely, but the answer is yes under certain circumstances. While it’s typically the driver facing legal consequences for impaired vehicle operation, passengers are not immune from charges under Minnesota’s DWI laws.

Although it’s uncommon for a passenger to be charged with a DUI unless they physically drove or attempted to, there are situations where it can occur. For instance, if both the driver and passenger are intoxicated and it’s believed they permitted one another to operate the vehicle, each could face legal consequences. A passenger may also be charged if officers suspect they had control of the vehicle while impaired, even if they weren’t behind the wheel. At JS Defense: Minnesota Criminal Defense Lawyer , we’ve defended clients in complex situations like these throughout Woodbury and beyond.

Can a Passenger Get a DUI?

Yes, but only under specific legal conditions. Minnesota law focuses on whether a person is in physical control of the vehicle while impaired. According to Minnesota’s legislative report , it’s illegal:

• To drive, operate, or be in physical control of any motor vehicle while under the influence of alcohol, drugs, or intoxicating substances.
• To have a blood alcohol concentration (BAC) of 0.08 or more (0.04 for commercial drivers).
• To have any detectable amount of a Schedule I or II controlled substance (excluding marijuana) in the body.

Passengers might be implicated if there’s evidence they were or were about to take control of the vehicle. For instance, if they have the keys in their possession or move the gearshift, law enforcement may assume intent to drive.

How a Passenger Might Be Charged or Convicted of a DUI

While rare, a passenger can face DWI charges if they are perceived to be in “actual physical control” of the vehicle. Minnesota courts broadly interpret this term and don’t require the vehicle to be in motion.

Scenarios where a passenger could face charges include:

• Being alone in the vehicle with the engine running.
• Sitting in the driver’s seat with access to the keys.
• Attempting to move or start the car while intoxicated.

Each case requires law enforcement to make judgment calls based on behavior, positioning, and potential intent. It’s not about what happened—it’s about what officers believe was going to happen. That makes the presence of an experienced defense team even more essential.

Factors That Can Lead to a Passenger Getting Charged with a DUI

Minnesota law defines DWI conditions in Statute 169A.20 , including eight key points under which a person may be charged:

• The individual is impaired by alcohol.
• They are under the influence of a controlled substance.
• They have consumed an intoxicating substance and knew it could cause impairment.
• Any combination of alcohol, drugs, or intoxicants causes impairment.
• Their BAC is 0.08 or greater within two hours of vehicle control.
• Their BAC is 0.04 or more in a commercial vehicle.
• Any detectable level of a Schedule I or II substance (excluding marijuana) is present.
• They are impaired by marijuana or similar substances, even if legally consumed.

The key factor for passengers is control. If officers believe the passenger had the ability and potentially the intent to operate the vehicle, the legal consequences can mirror those of an impaired driver.

How Passengers Should Handle a DUI Situation

How you respond matters if you’re a passenger in a vehicle where the driver is arrested for DWI. Your actions in the moment can influence whether you’re viewed as an innocent bystander or a potential offender.

Here’s how we advise passengers to protect themselves:

• Remain calm and respectful when approached by law enforcement. Cooperating politely can reduce the chance of escalation.
• Avoid making statements suggesting control or shared responsibility for the vehicle, as even casual remarks can be misinterpreted.
• Do not take the keys or attempt to move the car, even with good intentions, since this can be seen as assuming control of the vehicle.
• Request legal representation immediately if you’re suspected of impairment, and refrain from answering questions until your attorney is present.

Contact an Experienced DUI Lawyer If You’re Involved in a DUI Case

JS Defense: Minnesota Criminal Defense Lawyer defends passengers who have been wrongfully charged or are facing unclear accusations under Minnesota’s strict DWI laws. We understand how unsettling and complicated these cases can be, and we’re here to help guide you through the legal process. Call us now at 952-945-7824 for a consultation and the representation you deserve.

JUSTIN M. SCHIKS

Award-winning criminal defense attorney with a proven track record of dismissals, acquittals, and positive resolutions for his clients. For over a decade, Justin has dedicated himself to criminal and DWI defense. He has advocated for individuals through every step of a case, from pre-charge representation through pretrial hearings and trials.