Passenger of positively breathalysed driver

[crackernut2]

Can anyone tell me if the passenger of a driver who fails a breathalyser test
can be arrested as an accessory.
If so what penalties can they expect?

[jno]

I don't see how a passenger can know how much alcohol someone else has in his blood.

[bednobs]

plius, what if the passenger is, say, 12?

[crackernut2]

I'll rephrase, what if the passenger is an equally intoxicated adult.

[mccfluff]

they are not the one behind the wheel makign the deicsion to drive, so no

[EvianBaby]

I can't see why a passenger being over the limit would be an issue at all, unless they were accompanying a learner driver.

[snags]

''makign the deicsion''

Are you drunk?

As fluff's says, they are not in control of the vehicle...

[jno]

same answer. People are responsible for their own intake, not others'.

If you're drunk, all the more reason for you not knowing how drunk the driver is. Unless they're going to demand that passengers should breathalyse the driver themselves before setting off, which as far as I know isn't in the law anywhere.

[ummmm]

And when I've had one too many...everyone looks stone cold sober!

[mccfluff]

no, i have to meet a policeman to make a statement soon, i thought i'd best leave the voddy alone

[elgreco]

I'm not sure but I think that this may apply in Scotland under their laws

[crackernut2]

thanks everyone especially 2shortplanks, I'll tell my mate to make sure he knows the driver's name!

[elgreco]

I think that the RTA 1988 only applies to England and Wales. Scotland has similar regulations but with slight differences. I may be wrong.

[Gowron]

I have actually been in this position and they took the driver away and I had to find alternative transport but I was not even questioned. In fact the only thing they said was that i no longer had transport!

[sunny-dave]

That section of the act is specifically designed to deal with a situation where the occupants have all left the vehicle and are unwilling/unable to say who the driver was.

It enables the police to breathalyse and if appropriate prosecute all the occupants, thus meaning that there is no point in the non-drivers 'shielding' the actual driver.

It removes what I believe is known as the "Reverse I Am Spartacus" ploy from the situation, and tends to radically improve the faulty memories of the non-drivers once they realise what is about to happen to them ...

[KJN]

If the driver is a learner driver, then I think the passenger may be liable if they are under the influence of drink.

[ABerrant]

A charge of "aiding and abetting" the commission of a crime exists and Road Traffic laws have no exception to this form of prosecution.

If you are a passenger in a car driven by someone who is clearly drunk then you can be charged with aiding and abetting drink driving which carries the same penalty as drink driving.