Close

Former Senior LA Prosecutor.
Harvard Law School Educated.
Now Providing an Aggressive Defense For You.

What Happens When a Driver and Passenger Switch Seats in a DUI?

In California, it is illegal to drive a vehicle while under the influence of drugs or alcohol. In most situations, it is not illegal to be a passenger in a vehicle driven by a DUI driver, even if the passenger is also intoxicated. In some cases, the driver of a vehicle may try to switch seats with the passenger in order to help the driver avoid a DUI charge. This may occur where the passenger is sober or where the driver has a prior DUI or is on probation and would face stiff consequences if charged with a new DUI offense. While many drivers and passengers may attempt a switch to fool law enforcement, this rarely works and in some situations can lead to additional criminal charges being filed against both parties in the vehicle.

Why Would People Switch Seats

There are a number of reasons why a driver would want to switch seats with his or passenger. The driver may be much more intoxicated than the passenger and both parties may believe that the passenger would be more likely to pass field sobriety tests or a Breathalyzer. The driver may have a prior DUI conviction or may be on probation and would want to avoid any new criminal case. In other cases, the driver may be concerned about his or her immigration status or other factors unrelated to the driving conduct.

What Happens When a Driver and Passenger Switch Seats

If an officer pulls over a vehicle, he or she will be watching the driver closely throughout the vehicle stop. If the driver and passenger attempt to change seats, this usually will not go undetected. In addition, the officer may consider this to be “furtive movements” that would increase the officer’s suspicion that there is criminal activity occurring. Even if the officer is not paying close attention, many patrol vehicles are equipped with video recording devices that record all traffic stops. Any review of the video would likely show the driver and passenger switching seats.

Switching Seats After a Collision

In some cases involving traffic collisions, the driver and passenger may switch seats after the collision or later falsely tell officers that the driver was, in fact, the passenger of the vehicle. Accident investigators will typically look to see if the accounts provided by the driver and passenger are consistent with the physical evidence. Despite what the parties claim, the officer may be able to determine who the driver is by looking at physical evidence in the collision and any injuries that may have been suffered.

In addition, even if an officer was not present during a collision, there are usually witnesses who will provide detailed accounts of what happened. If the disinterested witness statements indicate that there was a switch, the officer will likely arrest the original driver.

Penalties for Switching Seats

Drivers and passengers who switch seats may expose themselves to criminal liability beyond DUI charges. If the driver and passenger lie to the police about who was driving, both parties can be charged with providing false information to a peace officer in violation of California Vehicle Code Section 31 VC. In addition, if this false account is used as part of an insurance claim, both the passenger and defendant can potentially be charged with insurance fraud or even perjury, both of which are felony-level offenses.

If you or a loved one have been charged with DUI, it is crucial that you discuss your case with an experienced DUI lawyer as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut is well-known throughout the court system as a tough litigator who understands how to effectively fight DUI cases.

For more information about DUI drivers and passengers, and to schedule your free consultation, Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.


Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
Contact Us