Ruling threatens drunk passengers with public intoxication charges

“Don’t drink and drive.” We’ve all heard it countless times, and many students often take advantage of designated drivers.

But a recent Indiana Supreme Court decision said even if you’re not driving, you can be charged with public intoxication if you are in a vehicle.

The decision involved an Indianapolis woman, Brenda Moore, who let a sober person drive her car after she had been drinking.

The car was pulled over because its license plate light was out. Moore was charged with public intoxication even though she was not driving the vehicle.

The decision has been criticized by public officials not because it is legally wrong,  but because they think it’s bad public policy.

State Senator Michael Young, R-Indianapolis, said he doesn’t think there was anything technically wrong with the decision. “I think it just shows that until we change the law, more innocent people are going to be made into criminals,” he said.

Last session, Young sponsored legislation that would have changed the law, so someone would have to be disruptive or dangerous to be charged with public intoxication.

The bill died in the House, but he said he has plans to sponsor legislation again during the next session.

Randall Frykberg, director of IU Student Legal Services,  also said he thinks the decision creates bad public policy.

“It punishes what, to me, is a safe choice when you have been drinking too much,”
Frykberg  said.

Frykberg said he thinks the ruling was justified legally, but would like to see the
law changed.

Frykberg said the decision could be particularly tough on IU students, especially when it comes to transportation options after drinking.

It is illegal to walk down the street drunk, so intoxicated students can’t walk home. It’s also illegal to be on a bus drunk, although that is rarely enforced, Frykberg said.

Because of this new decision, it’s now also illegal to designate a driver or use a service like a fraternity’s sober driver system. “So we’re kind of running out of options,” Frykberg said.

Frykberg said students should have a sober person drive the car and obey all traffic laws. Police need a reason to stop you. If they don’t pull you over, they can’t charge a passenger with public intoxication.

Frykberg also gave this advice to students to avoid problems with the police after this decision: Don’t talk.

Police often like to have passengers get out of the car or will ask them if they’ve been drinking. The driver has to respond, Frykberg said, but passengers do not have to comply.

Frykberg said that students are often intimidated by the police and think they have to answer their questions, he said. But passengers do not have to answer questions from the police unless they have a court order.

Politely declining to speak to the officer about drinking until the officer has a warrant will normally work, Frykberg said.

It’s important to treat police officers with respect at all times, he said, but he offered this advice to any future drunk passengers: “Do not make their job easier than you have to.”