Can Passengers Be Charged With DUI in Florida?

When most people think of driving under the influence (DUI) charges, their minds immediately focus on the driver of the vehicle. After all, the “D” in DUI stands for “driving.” But what if you’re a passenger? Is it ever possible for a passenger to be charged with DUI in Tampa, Florida? The short answer is generally no—passengers are not directly responsible for operating the vehicle. However, under certain circumstances, a passenger may find themselves entangled in a DUI-related legal issue. At Brunvand & Wise Law Group, our experienced Tampa criminal defense attorneys want you to understand your rights and your options if you find yourself in such a complex situation.

Florida DUI Law Basics
In Florida, a DUI charge requires proof that an individual was operating or in “actual physical control” of a motor vehicle while under the influence of alcohol or drugs. “Actual physical control” means that the person must have the ability to operate the vehicle, which often implies being behind the wheel with the keys readily available. Passengers typically do not meet this standard. If you’re simply sitting in the passenger seat while someone else drives, you aren’t considered to be in control of the vehicle and therefore cannot be charged with DUI.

When Could a Passenger Face Charges?
While it’s rare, there are scenarios where a passenger’s role could shift into something more than simply “along for the ride.” For example, imagine a situation where you and a friend switch seats after being pulled over, or you attempt to take the wheel when you realize the driver is incapacitated. In these rare scenarios—especially if witnessed by law enforcement or proven through other evidence—there’s a chance you could be charged with DUI if you were observed controlling the car’s steering wheel, brakes, or ignition while impaired.

Another possibility might arise if the vehicle is stopped and both occupants are outside the car when police arrive. If the officer cannot determine who the driver was and there’s evidence of intoxication, both individuals might come under scrutiny. The state may attempt to charge the person it believes had actual control of the car at the time the vehicle was being operated. Although not a typical situation, it’s one where a knowledgeable Tampa DUI defense attorney can help untangle complicated evidence and argue in your favor.

Additional Charges Passengers May Face
Even if you can’t be charged with DUI just for sitting in the passenger’s seat, that does not make you completely immune from other charges. If you’re found with open containers of alcohol, illegal drugs, or drug paraphernalia, you could face separate charges. In some instances, encouraging or assisting an intoxicated driver to operate a vehicle can lead to legal troubles as well, potentially opening you up to additional liability or criminal charges.

How Brunvand & Wise Law Group Can Help
DUI cases can be complicated, and unconventional situations—such as passengers being suspected of control—demand experienced legal guidance. At Brunvand & Wise Law Group, we understand the nuances of Florida DUI law. Our Tampa-based criminal defense attorneys have extensive experience in representing clients facing DUI and DUI-related charges, and we work tirelessly to protect your rights, ensure the fairness of the legal process, and help you achieve the best possible outcome.

Why You Need a Local Tampa Criminal Defense Team
Tampa, Florida, and the surrounding areas have their own legal culture, which can impact the way your case is handled. Our familiarity with local prosecutors, judges, and law enforcement practices gives us a strategic advantage in crafting an effective defense. With Brunvand & Wise Law Group by your side, you will have advocates who understand local DUI enforcement policies and can leverage that knowledge to serve your best interests.

Your Next Steps
If you or a loved one is facing DUI-related charges—even in those rare and confusing passenger scenarios—contact Brunvand & Wise Law Group today. We’re committed to providing top-tier legal representation for our Tampa, Florida clients, ensuring that your rights are protected and that you receive the strongest possible defense under the law. Don’t wait. Schedule a consultation with us and start moving toward a resolution that prioritizes your freedom and future.