Can Passengers Face Charges for a DUI Stop in Connecticut?

 Posted on December 27, 2025 in Driving Under the Influence

Being a passenger during a DUI stop can be stressful, especially if police begin asking questions or ordering everyone out of the vehicle. Many people assume passengers cannot get into legal trouble because they were not driving. Typically, passengers are not charged with DUI, but they can face other criminal charges depending on what happens during the stop.

If you were a passenger during a DUI stop, speaking with a Stamford, CT DUI defense lawyer can help you understand your rights and risks. As of 2025, Connecticut DUI laws focus primarily on drivers, but passengers are not completely immune from legal consequences.

Can a Passenger Be Charged With DUI in Connecticut?

In most cases, a passenger is not going to be charged with driving under the influence, primarily because they were not driving. Connecticut’s DUI law applies to people who operate or have physical control of a motor vehicle.

Under Connecticut General Statutes § 14-227a, a person commits DUI by operating a vehicle while under the influence of alcohol or drugs. Simply riding in the car does not meet this requirement. A passenger who is not driving or attempting to drive generally cannot be charged with DUI.

However, police may look closely at whether a passenger had control over the vehicle. This can become an issue if the passenger was previously driving, sitting in the driver’s seat, or had access to the keys in a way that suggests control.

Can Passengers Be Charged With Other Crimes During a DUI Stop?

While DUI charges usually apply only to drivers, passengers can face other charges based on their conduct during the stop. Common charges that may apply include:

• Interfering with an officer: Refusing lawful orders or getting in the way of police
• Possession of illegal substances: Having drugs or prohibited items on your person
• Open container violations: Alcohol that is open and accessible inside the vehicle
• Disorderly conduct: Loud, aggressive, or disruptive behavior

 Each charge depends on the facts and how the passenger behaves during the encounter.

Can a Passenger Get an Open Container Charge in Connecticut?

Connecticut does not have a broad open-container law that applies to passengers in the same way that many other states do. In most situations, adult passengers are not prohibited from possessing alcohol inside a vehicle. However, drivers are not allowed to drink alcohol while operating a motor vehicle, and alcohol inside the car can still raise concerns during a DUI stop.

Even when a passenger is legally allowed to possess alcohol, officers may closely examine the situation. Open containers in plain view can contribute to further questioning, vehicle searches, or claims that alcohol was accessible to the driver. This often comes up during DUI stops when officers observe alcohol inside the vehicle or investigate the circumstances more closely.

Can Passengers Be Searched During a DUI Stop?

Police do not automatically have the right to search passengers during a DUI stop. Officers may search a passenger if there is probable cause, consent, or a lawful reason related to officer safety. In some cases, a pat-down search may be allowed if police believe a passenger may be armed. Any evidence found during an unlawful search may be challenged later.

Do Passengers Have to Answer Police Questions?

Passengers are not required to answer all questions during a DUI stop. While you may be asked for identification, you generally do not have to answer questions about drinking, drug use, or events earlier in the evening. Statements made by passengers can still be used in criminal cases, including against the driver or the passenger. It is generally in your best interest to consult an attorney before answering any questions.

Schedule a Free Consultation With a Fairfield County, CT Defense Attorney

If you were a passenger during a DUI stop and are worried about possible charges, we can help. At Law Offices of Daniel P. Weiner, our firm has been serving clients since 1977. That longevity reflects a record of success built on years of courtroom experience and careful defense work. Call 203-348-5846 to schedule a free consultation with our Stamford, CT DUI defense lawyer to find out how we can help you.