Legal Question in DUI Law in Pennsylvania

Concerning Pennsylvania law specifically. I know the 'common sense' and spirit of the law answer to this question, but _technically_, is there a chargeable offense for driver or passenger (supervisor) in this situation:

16 year old driver has learners permit, and is operating the vehicle. Supervising parent is in passenger seat, alert, but with a BAC over the legal limit allowed if they were driving.

For reference, I'm looking at:

� 3802. Driving under influence...

(a) General impairment.--

(1) An individual may not ___drive, operate or be in actual physical

control of the movement of a vehicle__ after imbibing

--and--

� 1505. Learners' permits.

(no verbiage regarding impairment of supervising, licensed driver)


Asked on 8/01/13, 6:27 pm

1 Answer from Attorneys
Thomas Kenny Thomas D. Kenny, Esquire

Probably not dui however ewoc could be charged. Endangering the welfare of a child.

Read more
Answered on 8/01/13, 6:33 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Pennsylvania