Legal Question in DUI Law in California

Re: Passenger Drunk also.

I'm not aware that drunk riding by someone who is over 21 years of age is a crime (although riding with a drunk driver would be a really stupid thing to do). If the drunk driver were to be arrested, the police would normally take the drunk passenger to the drunk tank to dry out, instead of entrusting him or her with the vehicle or leaving him or her on the street in a state of public intoxication.

However, the police can and do arrest innocent people all the time. An innocent passenger can be arrested and charged with DUI, or disorderly conduct, or whatever (especially if he or she was drunk and belligerent, thus committing the crime of Contempt of Cop) and unless he or she gets a good lawyer, the passenger would be hard pressed not to plead guilty.