Passenger of DUI
In Oregon, if a person is pulled over and charged with a DUI, can any passengers in the car be charged, or questioned by the police, or do they have the right to decline any cooperation with the situation?
Asked on 5/26/03, 2:13 am
1 Answer from Attorneys
Matthew Kaplan
Kaplan Law, LLC
Re: Passenger of DUI
This can be a little bit complex because there are usually many facets to a stop, but the simple answer is that if the officer has not observed the passenger doing any illegal activity, then the passenger has the right to decline any questions including presenting identification.
If the Officer then continues to question or order the passenger, then it becomes an illegal stop and any evidence from that point on cannot be used against the passenger.
Answered on 5/26/03, 11:02 am
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