Drink driving

[Denisdiamond]

Would I be committing an offence if I accepted a lift in a car knowing the driver was over the drink driving limit?

[sandyRoe]

How could it be proven that you knew the driver was over the limit? If you did know it would be a stupid thing to do.

[ojread2]

Why would you though?
I mean, get in a car knowing someone was over the limit?
I'm certain that the answer is yes, and I'm also sure some one here will be able to tell you for definite

[ummmm]

Not if you're drunk yourself as it impairs your judgement.

[jno]

how would you know unless you breathalysed him?

[ummmm]

Sometimes you can tell when someone is drunk....

[jno]

yes, but not whether he's over the limit, as per the OP. (I presume the question refers to the legal limits, as it's in the law section. If it's just a question about personal safety then you'd be mad to do it.)

[RATTER15]

In reality the police are very unlikely to persue it without good reason.

[FredPuli43]

You'd have to be more than a mere passenger. You'd need to know that the driver was above the limit and you'd need to do or say something to encourage the driver to drive.
If the driver says 'I'm going that way, I can drop you at your house' and you agree to the lift, you won't commit the offence because you've done nothing towards causing him to drive. On the other hand, if you persuade a drunk driver to drive you somewhere, he being reluctant, you saying e.g 'Go on it's not far, you can risk it, all the buses have gone and I need to be home' then you'd certainly be committing the offence.

People do get charged when they are passengers but mostly these are extreme cases, drunk youngsters encouraging one another to race in the streets etc

[ummmm]

Why would that be an offence?

[Smowball]

Dont think I would dar get in the car with a drink driver

[ummmm]

Not reporting is not aiding and abetting.

[maggiebee]

Why on earth would you accept a lift from someone you knew was over the limit. Why put yourself in danger?

[FredPuli43]

There's no duty to prevent a crime. There's no duty to report one either. You may be guilty of obstructing the police or perverting the course of justice if you take steps to conceal one or aid the offender afterwards, but not reporting it is no crime in itself. (Anti-terrorism laws are wide, and may have provisions which define assisting in much broader terms)

Merely being present when one is committed does not make you a party to it as principal ( or in that quaint phrase 'aiding and abetting'). That applies to all crimes, from murder to drink driving. You have to do or say something which positively encourages the commission of it, or take an active part in its commission e.g by acting as lookout to a burglar, to be guilty; a mere passenger who does not encourage the driver to commit the offence is not making himself guilty of whatever crime the driver commits.

[Hopkirk]

This carries a death penalty

[shoota]

Under certain circumstances you could be 'aiding and abetting' if the prosecution could show that the driver would not have driven if you were not the passenger but that likelihood is slim.