When we think of driving under the influence (DUI) charges in South Carolina, we often assume they only apply to drivers. However, some situations in South Carolina raise questions about whether passengers can also face legal consequences related to alcohol in a vehicle. Understanding how the law applies to passengers can help you avoid trouble if you ever find yourself in this situation.
What does South Carolina law say about DUIs?
In South Carolina, DUI means operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or while impaired by drugs or alcohol. By definition, DUI laws typically target the driver, not the passenger.
However, South Carolina has other laws related to alcohol and vehicles that can impact passengers. While a passenger can't technically receive a DUI, they may face other charges under specific circumstances.
Here are some scenarios where passengers may face charges:
- Open container violations: South Carolina law prohibits open containers of alcohol in the passenger area of a vehicle.
- Public intoxication: If a passenger exits the vehicle during a traffic stop and is visibly intoxicated, they could face charges.
- Encouraging a driver to drink: If a passenger knowingly allows or encourages a drunk driver to operate a vehicle, they could face legal scrutiny.
Can a passenger’s behavior affect a DUI case?
A passenger’s actions during a DUI stop can impact the outcome of the case. For example, if a passenger interferes with law enforcement during a traffic stop, they could face obstruction charges. On the other hand, passengers may also act as witnesses and provide information about the driver’s level of impairment or the events leading up to the stop.
Passengers can avoid facing alcohol-related charges by doing the following:
- Refuse to ride with an intoxicated driver.
- Don’t carry open containers in the vehicle.
- Avoid encouraging the driver to consume alcohol.
- Cooperate with law enforcement during a traffic stop.
What should you do if you're charged as a passenger?
If you’re a passenger facing charges related to a DUI incident in South Carolina, it's important to know your rights and what to do from the moment police stop your vehicle:
- Stay calm and respectful: Always remain polite and cooperative with law enforcement. Getting angry or combative will only escalate the situation.
- Don’t resist arrest: If you are arrested, avoid resisting or trying to argue your way out of it. Resisting arrest can lead to additional charges.
- Exercise your right to remain silent: Anything you say can be used against you in court. Politely decline to answer questions until you speak with a lawyer.
- Seek legal help as soon as possible: Once booked, make your first call to an experienced South Carolina attorney who handles DUI and criminal cases. A lawyer can guide you through South Carolina's legal process, protect your rights, and help build your defense.
Don't risk a conviction. Get a strong legal advocate on your side
If you’re a passenger facing charges in South Carolina, don’t risk putting your freedom and future on the line. Attorney Matt Bodman has successfully defended countless clients facing similar charges. With Matt’s background as a former Richland County assistant solicitor, you’ll have a lawyer who knows how the prosecution works and can build a strong defense on your behalf.
When you call us, we’ll start by listening to your story during a free consultation. We’ll review the evidence, explain your potential legal options, and outline a tailored defense strategy to fight the charges. Contact us online or call our Columbia, SC, office today to get started.
"Matt Bodman is a terrific attorney. He is extremely professional and handled my case in an extremely efficient manner. While working with him, he was easily accessible and gave excellent legal advice. My legal matter couldn't have been handled any better. I highly recommend Matt." — Client testimonial
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