As a parent, you will always feel anxious whenever your child is in trouble. Hearing your child getting a DUI while they were merely a passenger can undoubtedly be frustrating. However, rest assured that there may be a valid reason the arresting officer thought your child warranted a DUI charge.
Suspicion of switching seats
If the police have reason to believe your child has merely switched places with the actual passenger of the car, or if both or all persons inside the vehicle refused a breathalyzer test, and there was no way to identify who was driving, that may still warrant a DUI charge. Pennsylvania has an implied consent law wherein all drivers who obtain a driver’s license automatically consent to chemical and breathalyzer testing.
Related charges
Aside from a DUI, law enforcement may also charge your child with a lesser offense, such as reckless endangerment. Knowingly allowing someone to drive drunk means they are recklessly putting others in danger.
They could also get charged with violating open container laws. Under Pennsylvania law, your child does not need to consume an alcoholic beverage to violate the law; simply having the container open is already a violation.
Furthermore, driving under the influence while a minor is inside the vehicle will likely increase the severity of the charges.
Reducing or getting the charges dismissed
Extenuating circumstances, such as not knowing that an open container of alcohol is in the car, might help your child get a reduced sentence or have the charges dismissed. Pennsylvania also has the Accelerated Disposition Program, which allows those charged with DUIs to take rehabilitation classes to remove the conviction from their records. However, these do not guarantee leniency. Regardless of your situation, you may consider seeking legal guidance to help you evaluate your child’s options.
