If you were intoxicated while riding in someone else’s vehicle, or were being driven by a person who was under the influence of alcohol, you might be wondering, “can a passenger get a DWI?” The answer to this question is fact-specific and depends upon the circumstances in the case. Generally, you cannot be charged with a DWI simply for being intoxicated as a passenger. But you can be charged with aiding and abetting a DWI in North Carolina if you encourage an intoxicated person to get behind the wheel.

What is Aiding and Abetting a DWI?

If you’re questioning, “can a passenger get a DWI?” It's important to understand North Carolina’s aiding and abetting laws. Specifically, a person can be found guilty of a criminal offense as a principal if they participate in the commission of the crime as an aider and abetter. This law holds an accomplice to the same level of responsibility as the individual who actually committed the crime. There is no requirement that a person be physically present at the scene of the crime to be an aider and abetter.

Ultimately, this law means that a passenger or another individual can be charged with aiding and abetting a DWI if they knowingly advise, instigate, encourage, or enable someone to drive a vehicle while impaired. Simply put, to be charged as a passenger in a DWI matter, your actions must have contributed to the driver getting behind the wheel. Some examples of aiding and abetting a DWI can include the following:

• Encouraging someone to drive while impaired by alcohol
• Knowingly allowing someone to drive when they are impaired
• Giving your keys to a person who is intoxicated
• Riding along with a driver you know is impaired
• Providing alcohol to a driver who is visibly impaired

Notably, there is no statute in North Carolina that specifies the actions which constitute “aiding and abetting” a DWI. However, courts have long relied on the precedent set under the 1947 case State v. Gibbs. In this matter, a vehicle owner was found to be guilty of aiding and abetting a DWI when he gave an intoxicated person control of his vehicle without protest.

What Are the Consequences of Aiding and Abetting a DWI in North Carolina?

Aiding and abetting a DWI is punished the same as a level five DWI offense in North Carolina. Although this is the least serious DWI offense in the state, a conviction can still come with serious consequences, including a criminal record. If you are found guilty of aiding and abetting a DWI, you can be sentenced to 24 hours to 60 days in jail and be required to pay a $200 fine.

While a judge will take mitigating and aggravating factors into account when determining a DWI sentence, this is not required with an aiding and abetting charge. However, in some cases, a judge may order probation instead of jail time. This typically includes community service and completion of an alcohol counseling program.

What Defenses Are Available to a Charge of Aiding and Abetting a DWI?

Whether you can be found guilty of aiding and abetting will largely depend upon your level of participation in the commission of the DWI. Importantly, to be found guilty of aiding and abetting a DWI, you must have known the driver was impaired, and regardless of this knowledge, enabled them to operate a vehicle. If you had no reason to believe the driver was intoxicated when you handed them the keys, you may have a valid defense. Police often rely heavily on the statements provided by the driver in these cases since they can help to provide evidence of a passenger’s knowledge and intent.

In addition, you must have been an active participant in encouraging the driver to operate the vehicle. If you were simply an unknowing passenger or protested the driver’s decision to operate a vehicle, a criminal defense attorney can argue that your actions did not contribute to the crime of driving while impaired. An attorney may also raise defenses based on the underlying DWI charge. If the driver’s DWI charge is dropped, it may be possible to have the aiding and abetting charge dropped as well.

Contact an Experienced North Carolina DWI Attorney

If you were charged with aiding and abetting a DWI in North Carolina, it’s crucial to have a criminal defense attorney by your side who can protect your rights and fight the charges against you. The Johnston County DWI attorneys at Reece & Reece, Attorneys at Law provide reliable representation to North Carolina drivers for DWI matters, as well as passengers who have been charged with aiding and abetting. Call (919) 300-1249 to schedule a consultation and learn how we can help.