Passenger risks can be numerous for Virginia DWI suspects, says Fairfax DUI lawyer

Passenger (PR) risks for Virginia DWI suspects and defendants charged under Virginia Code § 18.2-266 can include having a non-adult / minor PR (carrying five days mandatory minimum of jail time), reckless disregard of their PR child’s life (a Virginia Class 6 felony), PRs who tell the police about your drinking activity, underage PRs who claim you provided them alcohol, vomiting and drunken activity by PRs that enhances the risk of your being investigated for a DWI offense, peer pressure from PRs to answer police questions and to engage in field sobriety tests (known as FSTs and SFSTs) and PRs who leave illegal drugs or other contraband in your car, whether out of inebriation or fear of being found with such items on or near them. As a Fairfax DUI lawyer, I defend against all these scenarios.

Is it too risky for me to have passengers in my car after I consume beer, wine or liquor?

The only possible benefit of having a passenger in your car after drinking alcohol may be if it is a sober person acting as a designated driver. Let us break down the above risks: Even if you think a minor PR is an adult, that does not avoid the five-day mandatory minimum jail time for being in violation of the Virginia DUI law with an underage person in the car, pursuant to Virginia Code § 18.2-270(D). (and thus precluding the ignition interlock device (IID) from being the only restricted driving condition if the defendant is convicted of the former code section. If your PRs start blabbing to the law enforcement officers (LEOs) about how much you had to drink that night, if you tell them to be quiet, you may get charged with the crime of obstruction of justice. Providing alcohol to people under 21 years old is a crime. Expect police to assume you have been drinking heavily if you have PRs who have been vomiting or are acting drunk (let alone that police will be all the more focused on you for alleged drunk driving if you yourself have been vomiting or have what looks like a urine stain on your pants). Do not be surprised as a driver when your PRs urge you to answer the cops’ questions and to “do as they say.” That urging often comes out of fear, and is misplaced for you to follow. Expect that many of your PR will toss their illegal drugs, concealed weapons and any other contraband as far away from them so as to minimize their getting charged with any crime. For many, alcohol often brings out people’s worst qualities. You do not need to be on such a roller coaster.

If my passenger is urging me to “cooperate” with the police, aren’t they simply concerned about my own good?

The PRs in your police-stopped motor vehicle may be freaking out as much as or more than you that you have been stopped. Appellate caselaw lets police prevent your PRs from leaving during your Virginia DUI investigation. The hope for the temporary detention to be “over with” may be what drives your PRs to tell you to answer police questions and to submit to FSTs. Your PRs may also be motivated by wanting to avoid a public intoxication arrest or wanting to avoid having their contraband found. If you or your passenger are cheating together on one or both of your significant others, that might also cause your PR to advise you against your own self interest. Even if your PRs have your best interests in mind, when they tell you to submit to police questioning, field testing and searches, they are advising against your best interests. Even non-criminal defense lawyer PRs can dispense such mistaken advice to you.

Shouldn’t I cooperate with police for me to get along with them?

Good cop / bad cop was invented to intimidate criminal suspects from keeping silent, to reward suspects who do as the police say, and to divide and conquer a passenger from the driver. Would you rather assert your legal rights with the police in exchange for their genuine or feigned ire towards your non-“cooperation”, or do you prefer talking with police and submitting to field testing and enhancing your risk of arrest and conviction in the process? Moreover, from a practical standpoint, when investigated by police for an alleged Virginia DUI violation, your mind is probably racing a million miles a minute, and your heart is possibly beating nearly through your chest. Such conditions are not the circumstances for you to be submitting to police interrogation nor FSTs. (I am not in this article addressing mandatory post-arrest breath and blood testing to measure your blood alcohol content (BAC)).

When should I hire a qualified Virginia DUI lawyer?

The longer you wait to obtain a Virginia DUI lawyer, the longer you are taking for your rights to be timely asserted and for your defense to begin in full. The police and Virginia commonwealth’s attorney’s office (prosecutor’s office) are not waiting for you to get a lawyer, and you might miss critical procedural rights deadlines for protecting your rights.

Fairfax DUI lawyer Jonathan Katz devotes nearly 100% of his law practice to criminal defense and 30% to Virginia DWI defense. He is among the small percentage of Virginia DUI defenders who are members of the National College of DUI Defense, and who have been trained by one of the nation’s top SFST trainers to police. Call 703-383-1100 for your free in-person consultation with Jon Katz about your court-pending case.