This one baffles me a bit. What I can say is that being charged with a crime that someone else committed is wrong. If driver and passenger were both under the influence, neither would likely not have been thinking straight enough to stop the other. But it was the driver who committed the crime. Yes, bad decisions were made. Yes, each could have chosen a different way for themselves. The driver paid with his life. But there is no law against being driven while inebriated, right?
If this was a situation where a sober designated driver got into an accident, the passenger wouldn't be sited for wreckless driving by consent would they? knoxnews.com:
A suspected drunken driver was killed and his passenger was criminally charged following a crash in Grainger County, according to authorities.
Douglas Hurst, 43, of Arcadia, Fla., was killed when he pulled into the path of an oncoming vehicle shortly before 4 p.m. Saturday on U.S. Highway 11W in Bean Station, Tenn., according to a Tennessee Highway Patrol incident report.
Hurst was behind the wheel of a 2004 Pontiac Sunfire when he turned onto the highway at Lakeview Lane. The car was struck on its driver’s side by a southbound 1998 Ford van.
Hurst was not wearing a seat belt, and is suspected of being under the influence of both drugs and alcohol at the time, according to the incident report.