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Can you be charged with a DUI if you're not driving?
Will I be charged with a DUI if I’m in the car with a drunk person but I’m not the one driving? I can’t tell if that actually happens or if my mom just said that to scare me.
Liz Jenson · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
In most states, you can only be charged with a
DUI
if you are in physical control of the vehicle and under the influence of alcohol when pulled over. So no, you can’t be charged with a DUI in your circumstance. However, you can be charged with a DUI if you aren’t driving if you are sitting in the driver’s seat with the keys in the ignition while intoxicated. Here’s why. Although technically not driving, you are in control of the vehicle in this circumstance.
Never get in the car with someone who has been drinking. Legal consequences are the least of it—you could be injured or killed. A sober friend, rideshare, or taxi is a must!
While driving safely is top of mind, make sure you have great car insurance and aren’t overpaying for it. The car insurance comparison super tool
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can help. You will get quotes in seconds, and if you ever have any questions, agents are just a text away. The average Jerry user saves $887 a year on car insurance.View full answer
- Gregory R.
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Jerry partners with more than 50 insurance companies, but our content is independently researched, written, and fact-checked by our team of editors and agents. We aren’t paid for reviews or other content.
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