Philadelphia, PA asked in DUI / DWI for Pennsylvania

Q: In the state of PA if a sober driver is pulled over while the passenger is under the influence, is the driver penalized?

In a situation where a police officer would pull a vehicle over in the incident of a passenger being under the influence, not the driver, would the driver receive penalities (DUI, Possesion, etc) even though the action is not on them AND the driver is sober through a FST (Field Sobriety Test)??

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: The driver isn't DUI because a passenger is.

Alexander Ivakhnenko
Alexander Ivakhnenko
  • DUI & DWI Lawyer
  • Wheeling, IL

A: Logically, no, as that would place every Lyft, Uber and cab driver driving any weekend night in jeopardy.

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