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if someone is driving and they are not drunk, but their passenger is, does the passenger have to be in the back seat?

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You shouldn't get a DUI for this, unless there was some misunderstanding about who was driving the car. The driver might claim you were driving, but most police would see right through that ruse.

You could be charged with public intoxication. I don't think that's reasonable or fair, but it does happen a lot in my city. The classic case is when someone has too much to drink and a sober designated driver is taking them home. The driver gets pulled over for a minor violation, and the police discover the driver has outstanding warrants. The driver gets arrested for the warrants, and the passenger gets arrested for public intoxication.

Not right, not fair, but it is the law.

If you are not the driver you would not receive a DUI, but if you are underage you could still get arrested. In Minnesota, the Underage Consumption laws are clear: Drinking alcohol while under the age of 21 is a crime.

Also, if the car is parked and the driver is sitting in the car, the driver could get a DUI (if the BAC is over the legal limit).

The passenger would be arrested for drunk in public, not driving.
It doesn't matter where you are sitting or even if you are in the trunk the police can take you away if they wish to.

No, you cannot get a DUI unless you are driving.

You can get one for being in your car, with your keys though, even if it's not running in many places.

No DUI charge can filed against an individual who is not in control of a motor vehicle that they are a passenger in.

No. Perhaps you could take a minute to figure out what the "D" means in "DUI."

No. He just can't drive.

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