You want to make sure that your friends or family get home safe if the group has been enjoying some adult beverages. We always recommend that everyone knows how they are safely getting home before they start drinking alcohol, but we understand that even the best laid plans go awry. Can you drive your drunk friends home if you are sober, or could this move end up inviting more trouble? We explain if you can legally drive your drunk friends home if you are not drunk in today’s blog.
Driving Home Drunk Friends
On the surface, the question in the blog title may seem silly. Of course, as a sober adult, you can drive your friends or family to their destination if they are under the influence of alcohol. You would not get in any trouble with the law, nor would any of your passengers who are over the age of 21. This is a great way to get home safely after a night of drinking.
However, you’re probably not on this blog because you wanted an answer to that specific type of question. More likely, you’re either transporting underage drinkers, and/or you’re under the legal drinking age yourself. So let’s branch this question off a bit and provide some clarity for your situation.
You’re Under 21 And Sober, Transporting Inebriated Passengers Under The Age of 21 – Let’s say that you and your friends are all under the legal drinking age, and some of them want to drink alcohol. You stay sober and offer to drive for the night. You are pulled over, and the officer uncovers that one or more of your passengers is under the influence. In this scenario, the driver would not be punished for any alcohol-related offenses. They may still earn a ticket for whatever caused the initial traffic stop, but it would be their passengers who would be cited for underage drinking or underage possession of alcohol. You will not be charged as a driver for the actions of your passengers if you are sober.
You’re Under 21 And Under 0.08 But Not Sober, Transporting Inebriated Passengers Under The Age Of 21 – Let’s say that you and your friends are all under 21, and you have all been drinking. However, you don’t want to be over the 0.08 legal limit, so you only have a little to drink. One of your friends throws an empty beer can out of the passenger window and you are stopped by police. They question everyone about their drinking and ask that you all take breathalyzers. All your friends are above 0.08, but you blow a 0.03. What happens here? Because you’re under 21, the 0.08 legal limit doesn’t apply to you. Instead, you are tested against the “Not A Drop” limit, which is 0.00. Because you are not completely sober, you are considered to be under the influence of alcohol, and would be subjected to an underage DUI, even if it was something a drunk passenger did to get you pulled over in the first place.
You’re Under 21 And Over 0.08, Transporting Inebriated Passengers Under The Age Of 21 – If you and your underage friends are all drunk, but you’re “the least drunk” of the bunch, so you decide to drive, you’re all in trouble if you get pulled over. You would be charged with underage DUI, and all your passengers would be cited for underage possession or consumption.
At the end of the day, it’s totally fine to transport drunk individuals if you are under the age of 21 and completely sober, or if you are over the age of 21 and under the 0.08 legal limit. Your underage passengers could face legal trouble if you are stopped, but those over the age of 21 are in the clear.
For assistance fighting an underage DUI or another alcohol-related charge, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
