Fact pattern came across my desk today: Report of a possible DWI from an off duty officer. PD responds and sees a traffic violation, so pull the guy over. Driver is *very* intoxicated, and is a total refusal. Passenger testifies that both he and driver had 5 beers while out on the town, and he tried to take the drivers keys. Passenger further states that for the last 2+ miles down the road, he's been steering the car from the passengers seat because the driver was too intoxicated.

So here's the question- has anyone ever charged two people for the SAME DWI before?

This is why we do the job. Nobody ever went home bored from prosecuting.

There are a couple of cases that deal with a passenger operating a vehicle. One is a 1985 involuntary manslaughter case (passenger grabbed the steering wheel). The other is a 1989 Fifth Circuit tort claims case (passenger grabbed the wheel--insurance company balked at paying). Email me if you want the cites.

Janette A

I prosecuted two guys that switched seats while they were being pulled over. Both were intoxicated, but the passenger-turned-driver was supposedly more sober. The driver-turned-passenger pled and left the state before we could subpoena him as a witness for his buddy's trial (same lawyer on both cases, btw). His buddy was still convicted.

There was also a case not too long ago in which a guy who had no legs was driving and his buddy was manning the pedals for him. Both got popped for DWI.