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Aiding and Abetting a DUI:
Penalties, Risks, and Legal Consequences

A “DUI” is defined as an instance in which a person is found with alcohol or other illicit drugs in their system while operating a motor vehicle. A person can have their driver’s license revoked and face other charges if they are convicted of a DUI. Anyone who assists or aids the drunk driver is subject to violations for aiding and abetting as well.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt
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What is Aiding and Abetting a DUI?

Aiding and abetting a DUI occurs when an individual knowingly encourages, aids, advises, or instigates another person to drive, or attempt to drive, while intoxicated. This crime could encompass numerous different behaviors, but the most common scenario involves a person turning their keys over to an impaired driver, and/or being present as a passenger when the driver is arrested for a DUI.

Read Also: Can I Get a DUI for Drugged Driving?

Could I Get in Trouble for Letting Someone Drive Drunk?

Many states charge crimes such as aiding and abetting a DUI, reckless endangerment, or gross negligence when a person allows another to drive a vehicle knowing that the person was intoxicated. The possibility of being held criminally liable makes it a risky proposition for someone to knowingly allow someone else to drive drunk.

What are the Penalties for Being an Accomplice to a DUI?

A person who is convicted of their first DUI may receive jail time of up to 6 months and fines of up to $10,000. A person who is convicted of aiding and abetting a DUI can face similar penalties, regardless of how much the accomplice helps the drunk driver. The penalties associated with aiding and abetting a DUI increase in severity based on the number of times the person has been found guilty.

Related Article: What Is An Implied Consent Law?

Is it Illegal to Have Car Keys When Drunk?

There is a lesser-known crime called "Drunk in Charge," which means you are effectively in charge of your vehicle when you are over the legal limit. Under the Drunk in Charge law, even being in possession of your car keys in the vicinity of your car could be grounds for criminal charges.

Also Read: High Paying Jobs You Can Get With a DUI

Can Police Charge You With Drunk Driving Without a Breath Test?

In order to charge you with a DUI, the police must be able to prove that you have exceeded the legal limit. This is done by testing your breath, blood, or urine for alcohol.

Related Article: How Much Does a DUI Cost in California?

Can You Refuse to do a Breathalyzer Test?

If you fail to complete a breath test, the police may ask for a urine or blood sample instead. If you continue to refuse, you will be arrested and charged with failing to provide a specimen.

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If you or a loved one was involved with such matters, you should contact Schmidt & Clark immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.


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