Question:

Can passengers get charged with dwi's in houston texas?

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for example, if you are riding with someone who is drunk and the driver gets charged with a dwi when pulled over...can the passenger also get charged with a dwi for just for riding with someone whos drunk?

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  1. No, its not a dwi if you are a passenger. Also, you cannot be arrested for having an open container as a passenger, its a class c misdemeanor, so you will get a ticket.


  2. One exception that I know of here in Canada and maybe in Texas.  We have a graduated licensing system where you write a test for your first grade of license and with that license you are allowed to drive "only" with a licensed driver in the front passenger seat.  Once you have passed a road test then you can drive on your own.  However, if you are pulled over as  DUI or DWI and the passenger is also drunk, the passenger is considered the surrogate driver and so can be charged with driving drunk.

  3. Not fully knowing the local codes regarding the subject matter, this is how I would view this.

    The passenger is not operating a motor vehicle.

    However, if the passenger is the owner of the vehicle, and allows someone else to operate the vehicle, knowing that the other driver has been drinking, this would be regarded as negligence.

    If the driver of the vehicle gets arrested, and hauled away...the passenger is then on his own to get home...not saying that down the road, he may be arrested for being drunk in public.

    When will it sink into people's brain housing group...that this action is worth it?

  4. No, but you can be charged for public intoxication

  5. No, if you are not driving, you cannot be charged with driving under the influence.  You can be charged with public intoxication or something else but not dwi.


  6. no.  DUI or DWI is for the driver only.  But, for the passenger you can get a PI, public intoxication and if you have open containers, you can get an additional charge of possesion.  Texas changed the open container law about 8 years ago.

  7. The D in DWI stands for Driving...so no, unless the passenger is somehow Driving the car.

    Words mean something...

  8. Driving while intoxicated requires you to be driving.  Figure this out logically.

  9. No, just drunk in public.
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