It’s uncommon, but there are specific situations where a police officer might charge two people with driving under the influence of alcohol in relation to the same motor vehicle.
Why Would the Cops Charge Two People for Driving Under the Influence?
Here are some reasons this might happen:
1. Switching Drivers During a Traffic Stop
- If two people attempt to switch seats during or immediately before a traffic stop in an attempt to conceal who was driving, both may be charged with DUI. Law enforcement can argue that both parties had “actual physical control” over the vehicle while impaired.
- Officers might have witnessed the switching of seats or collected evidence that both individuals were drunk driving, leading to DUI charges for both.
2. Shared Control of the Vehicle (Both Attempting to Drive)
- If both drunk drivers were actively involved in controlling the vehicle, such as one steering and the other operating the pedals, police might charge both with DUI.
- This could happen if an officer determines that both people played significant roles in attempting to drive, even if only one technically had their hands on the wheel.
3. Conflicting Statements or Evidence of Both Driving
- When officers investigate a DUI and find conflicting statements about who was driving, they may charge both individuals. For example, if both people claim the other was driving to avoid blame, or both admit to taking turns, police may check the blood alcohol concentration and conduct field sobriety tests for both people and charge them both with a DUI.
- Evidence, like blood alcohol content, witness statements, or surveillance footage showing each person behind the wheel at different times, can lead to charges for both individuals.
4. Driver and Passenger Both Under Influence in a Stopped Vehicle
- In some jurisdictions, police may charge someone who is sitting in the driver’s seat or has the keys in the ignition with DUI, even if the vehicle is not moving, under “actual physical control” laws. This could lead to a situation where, if both individuals were in or around the driver’s seat or had possession of the keys, they could both face DUI charges.
- Officers may assume the individual intended to drive or had driven while impaired, leading to DUI charges for anyone who was in control of the vehicle.
5. Impairment Contributing to a Traffic Accident
- In accident investigations, if physical evidence, such as blood alcohol levels, indicates that both individuals were driving at different points while intoxicated before the incident, police may charge both with DUI. This might happen, for instance, if a car accident involves two intoxicated people switching drivers to continue the trip.
6. DUI “Assisting” Laws in Some Jurisdictions
- Some states have laws against “aiding and abetting” a DUI, meaning that someone who knowingly allows or helps an intoxicated person drive can face criminal penalties, especially if they encouraged or assisted in the act.
- If both individuals were actively complicit and impaired driving — for example, if one helped the other get behind the wheel or suggested switching to evade police — they might both be charged.
Police may charge two people with DUI in cases of seat-switching, shared control of the vehicle, conflicting accounts, or situations where both individuals had “actual physical control” over the vehicle.
In complex cases like these, each person should consider consulting a DUI attorney to understand their rights and options.
DUI Charges
There are several types of DUI charges that vary based on factors like the percentage of alcohol that was in the driver’s system and whether the offense resulted in injuries or property damage.
Here are the most common DUI charges:
1. Standard DUI (Driving Under the Influence)
- BAC Limit Violations: Most states set the BAC limit at 0.08% for drivers aged 21 and over. A person can be charged with a standard DUI if they’re found operating a vehicle with a BAC at or above this threshold.
- Impairment by Drugs: DUI charges can also apply if the driver is impaired by drugs, including prescription medications, over-the-counter drugs, or illegal substances.
2. Aggravated DUI (Enhanced or Felony DUI)
- High BAC Levels: Aggravated DUI charges may apply if the driver has an exceptionally high blood sample. (often 0.15% or higher).
- DUI with Minors in the Vehicle: Driving under the influence with a child passenger is often classified as an aggravated DUI.
- Prior DUI Convictions: Repeat DUI offenders can face aggravated DUI charges, especially if they have multiple offenses within a short period (e.g., within 10 years).
- Excessive Speeding or Reckless Driving: DUI combined with reckless driving behaviors, such as excessive speeding or erratic lane changes, can lead to enhanced charges.
3. Underage DUI (Zero Tolerance DUI)
- BAC Limits for Minors: Many states enforce zero-tolerance laws for drivers under 21, setting the BAC limit for underage drivers at 0.01% to 0.02%. Any signs of impairment can result in a DUI charge for underage drivers.
4. Commercial Driver’s License (CDL) DUI
- Lower BAC Limit for Commercial Drivers: Commercial drivers (like truck drivers) have a lower BAC threshold, often 0.04% in most states. A CDL holder can face DUI charges and risk losing their commercial license for operating any vehicle above this BAC level.
5. DUI with Injury (DUI Causing Bodily Harm)
- Accidents Involving Injuries: If a DUI results in an accident that injures another person, the driver can face enhanced charges. DUI with injury is often classified as a felony and comes with increased penalties.
6. Vehicular Manslaughter or DUI Causing Death
- Fatal Accidents: When impaired driving leads to a fatal accident, the driver may be charged with vehicular manslaughter or DUI manslaughter. This is among the most severe DUI charges and often results in long-term jail time.
7. Drugged Driving (DUID – Driving Under the Influence of Drugs)
- Impairment by Drugs Other Than Alcohol: DUID applies to cases where a driver is under the influence of drugs, including marijuana, prescription drugs, and other controlled substances. This charge doesn’t rely on a BAC test but rather on breath samples, urine tests, and behavioral assessments to analyze a driver’s level of impairment.
8. Implied Consent Violations (Refusal to Take a Chemical Test)
- Refusal to Test: Under implied consent laws, drivers agree to submit to chemical testing if suspected of DUI. Refusing a breathalyzer or other chemical test can lead to immediate penalties like license suspension and additional DUI-related charges, even if the driver is not ultimately convicted of DUI.
9. Open Container Violations
- Open Alcohol Containers in Vehicle: Having an open container of alcohol within reach of the driver or passengers can result in an additional charge, especially if the driver is found to be impaired.
Hines Law Case Example #1
We had a situation this week from which everybody could learn something.
It was a great success for our head defense attorney.
We had a client charged with a DUI in Douglas County, and the spouse she was riding with was also charged with a DUI.
This happens a lot in a drug possession case where the cops will find marijuana in the vehicle when there are three people in the vehicle.
The cops don’t know who’s marijuana’s it is unless it’s in someone’s pocket. Usually, the marijuana is in the glove compartment or under a seat.
So when the cops find it there, the only thing they know to do is charge everyone with possession.
As you would imagine, the law says that 3 people can’t be in possession of that one object.
In our case, we were defending the woman, and she was charged with DUI.
Her husband, who was riding in the other seat, was also charged with DUI.
There were some issues of who was actually driving the car.
The state was being stubborn in this situation and not reasonable about the facts.
The husband ended up pleading to a charge of Reckless Driving.
That’s fine because usually, in a DUI case, we would like to reduce it down to reckless driving. Your best option is to always seek the advice of an experienced DUI attorney.
In our case, if he pleads guilty to reckless driving, there is no way he could be charged with a DUI because there is no way two people can be driving at the same time.
The prosecutor continued to want to put our client in jail and have them plead guilty to DUI.
Finally, we were about to go to trial next week, so we got a call. They had decided to drop the charges and our client is getting off of everything, but it was a shame it came to that.
What was surprising in this case was the way the government wanted our client to accept a very bad deal when it was completely irrational!
They wanted our client to plead guilty to something that someone else had already plead guilty to.
It took weeks of fighting for them to finally become reasonable.
I would like to make two points about our expert Atlanta Criminal Defense Attorney Services
- Many other attorneys may have given into the pressure. We will not.
- If you represented yourself, you would have likely had to just give in to what the government was demanding.
We knew what was happening was not fair, and that is why we continued our defense strategies, and they finally dropped the charges.
I brought up earlier that in a DUI case, the goal is to reduce it from a DUI to a Reckless Driving charge.
The main reason you want a Reckless Driving vs. a DUI charge is that in an immigration case, if you have a DUI on your record, it’s going to hurt you.
Reckless driving won’t suspend your license, but if you plead guilty to a DUI, it will be suspended.
This is a subtle difference that people might not know about unless they seek legal advice from an aggressive defense attorney.
It brings to light a point that you need to remember and know everything that you are agreeing to with the government.
Hines Law Case Example #2
Someone is being charged with driving without insurance.
I’ve seen this happen, by the way. The person goes up to the judge, and the judge says, “What do you wanna do?” The person says, “I plead guilty.” The judge would then say, “That’s a $200 fine, and you can pay the fine out in the hall.” That person may think they are done, but what they don’t realize is that now that they plead guilty, they are going to lose their license, but the judge is not going to tell them that. That’s one of those traffic violations that if you plead guilty to, you are going to get stung.
This is why it’s so important to know what you are agreeing to. That’s why you need a good attorney on your side so that when you go to court, you do not agree to something that is going to hurt you.
If that person in court would have said I plead “Nolo Contendere” they wouldn’t have lost their license.
They would have just paid the fine and been done.
More than likely, the judge would have accepted that, and it wouldn’t have been a problem, but the person didn’t know what to do while they were in court by themselves.
Get a good attorney and know what you are doing when you plead guilty to a traffic violation or any type of charge.
Also, when you pay for a ticket online, you are pleading guilty. Just because you don’t go to court and don’t see a judge doesn’t mean it is less serious.
Don’t blindly agree to a court without speaking to an attorney. It can hurt you.
Hines Law Case Example #3
Another client was charged with driving without a license.
If that person was without an attorney, there would be no doubt they would have been found guilty and had some immigration law consequences.
That person had a license from Mexico.
We got the court and state to agree to charge him for driving with an expired license and not driving without a license.
It was true that his Mexico license was expired.
That will not always be accepted by the government, but it’s one of those things that a good attorney can do in that situation.
It may have saved that person from being deported.
Contact Our Expert Criminal Defense Lawyers for a Free Consultation
The Lesson today is to know what you are doing in court when you have a violation against you.
Our lead Atlanta criminal defense attorney with our firm has over 40 years of experience.
He has been a federal prosecutor, a state prosecutor, and a defender; he has done everything.
He’s handled murder charges and serious drug cases all the way down to the traffic violations.
He consistently gets very good results, and our firm can help you get those results, too.
If you need our help, we are here for you.
Call us if you get a ticket or need our help in any way.
That includes traffic violations, personal injuries, criminal law, or anything else you need.
Contact us to schedule a free consultation to find out how we can assist with your criminal charge case.