Quote:
Originally Posted by jamesinaz
OK, I got a legal question. And yes I understand it might differ from state to state.
I am considering an event of 4 course meal with paired whiskey tasting. I KNOW I can't drive because even if I sipped just a little each I am a lightweight drinker.
I have a friend who is far from a lightweight. He may offer to drive. The road home is lightly traveled and few cross streets. The odds of a problem very small. But not totally irrelevant.
Question is this - "If I am a passenger in his car and know he is a little impaired and I am also impaired would I have any legal issues if stopped for a sobriety test?".
Also wondering if I would be liable if he had an accident and I was a passenger knowingly traveling with him in a legally impaired state.
For the record - I am trying to line up a ride ala Uber (doesn't serve out here but we have locals who earn a few bucks on the side). Seriously do not plan on chancing this if we go unless a 3rd friend of ours who is a recovering alky (as in not a drop in 30 years) is the driver. More of a rhetorical question.
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Great question!
When it comes to impairment, simply consuming an alcoholic beverage doesn't mean you're automatically too impaired to operate a motor vehicle. Some people can consume multiple drinks before they reach the level that will earn them a DUI. As a passenger, your sobriety is irrelevant since you're not operating the vehicle. Additionally, there's no liability on your part if he were to be involved in a traffic collision. The decision to drive (…
or not) is solely the operator's responsibility.