Question for the Police

[Superman]

A 17 year old boy sneeks out of his house in the middle of the night and goes to a party or something. He drinks and likely smoked pot and god only knows what else. About 5 am he gets pulled over for a rolling stop. The officer suspects he has been drinking and does whatever it is they do and arrests said 17 year old for a DUI and drug posession. Now there are 3 passengers in the car ages 23-27, my guess is there drunk to. Now I am not defending the 17 year old, he screwed up, but shouldn't the officer arrest the adults?

[dralarms]

A 17 year old boy sneeks out of his house in the middle of the night and goes to a party or something. He drinks and likely smoked pot and god only knows what else. About 5 am he gets pulled over for a rolling stop. The officer suspects he has been drinking and does whatever it is they do and arrests said 17 year old for a DUI and drug posession. Now there are 3 passengers in the car ages 23-27, my guess is there drunk to. Now I am not defending the 17 year old, he screwed up, but shouldn't the officer arrest the adults?

What law were the other 3 breaking? UNless they were driving, or had drugs on them then no. if the drugs were found in the car it's "officers" discretion to figure out who had "control" over it, unless someone cops to the drugs.

My question is, how did the other 3 get home?

[saintsfanbrian]

I am not a police officer or a lawyer but from the scenario given about the only charges I can think of that the "adults" could be charged with would be contributing to the delinquency and intoxicated in public.

[Tobashadow]

Technically if they are in a private vehicle they can not be charged with public intoxication.

But the standard is to get them out of the car to "question" them. Then they are in a public location and can be charged.

I actually know someone that kept refusing to leave after the officer told him to walk home before his ride arrived after the driver got a dui. The minute after the officer forced him to start walking he arrested him for public intoxication.

[Guest abailey362]

i would think that they could be arrested for contributing since they all were in the same car and most likely knew the minor was under the influence

[Superman]

That's what I was thinking.

[Dropkick Murphy]

Contributing to the delinquency is a misdemeanor so the officer (or a witness) has to have seen the crime occur in order to arrest the subjects.

[Punisher84]

Contributing to the delinquency is a misdemeanor so the officer (or a witness) has to have seen the crime occur in order to arrest the subjects.

I don't think so in TN. I think the adult around, or the adult homeowner can be charged if there are intoxicated minors in the residence or vehicle with them. Not 100 % though.

[Guest archerdr1]

When I was in the police academy they told us that we could charge a passenger with getting into a vehicle with a drunk driver. I don't remember the name of the charge, but it was something to the effect of dwi by consent. But I would think that they would be charged with contributing to the delinquency of a minor.

[dralarms]

When I was in the police academy they told us that we could charge a passenger with getting into a vehicle with a drunk driver. I don't remember the name of the charge, but it was something to the effect of dwi by consent. But I would think that they would be charged with contributing to the delinquency of a minor.

That's if you let a drunk drive your car, and yes if you loan your car to someone and they are caught drunk driving in TN, you will be charged with DWI by consent.

[Guest tnmedic]

actually if the officer asks them to get out of the car they cannot be charged with PI but if they climb out of their own free will then they can catch a PI charge, personal experience there.

[Fallguy]

Unless everyone in the car is still drinking or using drugs...how do you know there adults or any adults for that matter, contributed to delinquency of the minor/driver.

I would think the act of providing the alcohol or drugs or the providing of a vehicle would the be the contributing, not simply riding along. Just because they were in the car with him, doesn't mean they were the ones to provide him with any of the stuff.

[Fallguy]

As far as while in the car, asked to get of the car or getting out on your own making a differenc on public intoxication....are y'all getting this from some court case?

When I used to ride with Sheriff's Dept back home and a driver was arrested for DUT to be honest it was pretty much standard practice to arrest everyone else in the vehicle for PI if they had even the slightest hint that they had been drinking. (Not say that it was right, IMO it wasn't, but that is just the way it was done.) This may have been mainly because though, that since the driver was being arrested and no one else in the vehicle was sober enough to drive, the vehicle was going to be towed...and therefor then these passegers are now on the side of the road.

Now the agency my brother works for...if the passenger can have someone come get them within the amount of time the stop will take, they will usually let them go with the other person.

FYI...

39-17-310 Public intoxication.

(a) A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance or any other intoxicating substance to the degree that:

(1)

The offender may be endangered;

(2)

There is endangerment to other persons or property; or

(3)

The offender unreasonably annoys people in the vicinity.

( A violation of this section is a Class C misdemeanor.

[mdmoseley]

The passengers wouldn't get charged under normal cirumstances. Would most likely just be getting a ride home with a sober friend. I did arrest a passenger for PI a few weeks ago but it was because he got out of the car and started interferring with me performing FSTs on the driver. Only way one of the passengers get charged with DUI by consent is if he/she owned the car.

As far as charging them with PI you have to meet one of three elements:

1. A danger to themselves.

2. A danger to the public.

3. Being a nuisance to the public.

All of these paraphrased of course.

[Fallguy]

The passengers wouldn't get charged under normal cirumstances. Would most likely just be getting a ride home with a sober friend. I did arrest a passenger for PI a few weeks ago but it was because he got out of the car and started interferring with me performing FSTs on the driver. Only way one of the passengers get charged with DUI by consent is if he/she owned the car.

As far as charging them with PI you have to meet one of three elements:

1. A danger to themselves.

2. A danger to the public.

3. Being a nuisance to the public.

All of these paraphrased of course.

[Guest archerdr1]

I knew there was something there, but it was almost 9 years ago that I was in Police academy, so I have forgotten much of what I learned. Funny how you forget some things that you don't use regularly anymore.

[GLOCKMEISTER]

if any of them are licensed then cant they be charged with DUI as well for letting the other guy(17 year old) drive?... they all can go down for contributing..right?

[mdmoseley]

if any of them are licensed then cant they be charged with DUI as well for letting the other guy(17 year old) drive?... they all can go down for contributing..right?

you would have to prove one of the 3 of them provided the alcohol to the 17yo. unless one of them confessed you wouldn't get a warrant much less a convinction. You might be able to get a wreckless endangerment of a minor charge since the three adults allowed the kid to drive intoxicated. As for the DUI by consent, one of them would have to be the owner of the vehicle. That is the only way.