Passengers rarely face charges for Driving While Intoxicated (DWI) in Texas, but they are not immune to legal consequences. Various situations can result in charges against a passenger, ranging from open container violations to public intoxication. Understanding these scenarios can help passengers avoid trouble and better protect themselves in the event of a DUI-related arrest.
What does Texas law say about passengers and DWI charges?
In Texas, a DWI charge applies to anyone operating a motor vehicle while impaired by alcohol or drugs. Passengers, by definition, are not driving, so they can't typically be charged with DWI. However, there are exceptions where passengers could face related charges depending on their actions or circumstances. These include:
Open container violations
Texas law strictly prohibits open containers of alcohol in the passenger area of a vehicle on a public road. This rule applies whether the vehicle is moving or parked. Passengers with open containers of alcohol can face a Class C misdemeanor charge, punishable by a fine of up to $500. This applies regardless of whether the driver is sober or intoxicated.
Public intoxication
Passengers who are visibly intoxicated and pose a risk to themselves or others can be charged with public intoxication. While inside the vehicle, this may not be an issue, but if the passenger exits during a traffic stop or an incident, they could face charges. Public intoxication is also a Class C misdemeanor in Texas, with fines up to $500.
Child endangerment
Texas has strict penalties for drivers charged with DWI while transporting a child under 15 years old. Although this charge doesn’t apply to passengers, drivers face enhanced penalties, including:
- Fines up to $10,000
- Jail time ranging from six months to two years
- License suspension for 90 days to two years
Additionally, drivers may face separate child endangerment charges, which could result in the loss of custody or visitation rights. Passengers who encourage or enable a drunk driver with a child in the vehicle could also face legal consequences.
What happens if police suspect seat-switching?
In some cases, passengers and drivers may attempt to switch seats to avoid DWI charges. If law enforcement suspects this occurred, they could charge the passenger with DWI. Officers may use evidence like witness statements, body camera footage, or the positioning of the occupants to support their case.
Can a passenger be charged for sitting in the driver’s seat?
If a passenger is found sitting in the driver’s seat with the keys in a public place, they could be charged with DWI. Texas law considers anyone in control of the vehicle as a driver, even if the car isn’t moving. Sitting in the driver’s seat while intoxicated, with access to the keys, may be enough for police to issue a DWI charge.
How can passengers avoid trouble in DWI situations?
Passengers can take steps to avoid being charged or entangled in a DWI case:
- Avoid carrying open containers of alcohol in the vehicle.
- Never allow or encourage an intoxicated person to drive.
- Stay calm and respectful during a traffic stop.
- Avoid switching seats with the driver under any circumstance.
- If intoxicated, stay inside the vehicle to avoid public intoxication charges.
Let a Texas attorney fight your charges from the beginning
If you’re a passenger facing charges after a traffic stop in Texas, you need someone in your corner who knows the law inside and out. Amanda Webb - DWI Lawyer can uncover mistakes in your case and work toward minimizing or eliminating the charges against you.
We’ll start with a free consultation to hear your side of the story and explain your options clearly. We’ll also examine every detail of your case, from how the stop was initiated to how evidence was handled. Whether you’re facing fines, potential jail time, or a damaged record, Amanda Webb will build a strong defense to protect your rights. Contact us online or call our Conroe office today to get the legal help you need.
"Wonderful communication, thorough documentation, and pulled out all the best punches. Would recommend them to anyone in a pinch. I know who I’d go to if I got in trouble again, Amanda is an angel." — Andreas B.
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