Picture yourself out having a good time, enjoying some friends and knocking back a few beers. You decide to take a ride home from someone who offers to drive. You are utilizing the principle of the designated driver. You HAVE a DD. This decision is a good thing—you are drinking responsibly, and that may be what it takes to save yourself from a DUI related arrest. However, this was not the circumstance in a shocking DUI case originating in Japan. This case involved two passengers who decided to accept a ride from a driver who was intoxicated. The driver and passengers were subsequently involved in a fatal car accident which ultimately resulted in a conviction and a sentence of two years in prison for the passengers. While this case occurred in Japan, it has caught the attention of several activists involved in the anti-drunk-driving campaign, who may see this as an opening to make passengers take steps to keep intoxicated drivers off the road and innocent bystanders out of harm’s way. This activism could eventually pave the way for similar legislation in the U.S. regarding drunk-driving.
In the Japanese case mentioned previously, the judge presiding over it found that the moment the passengers accepted the ride from the inebriated motorist, they were in effect encouraging the driver to “drink and drive.” This momentary lapse of judgment was thought to be aiding and abetting the offense of “driving under the influence,” and ultimately considered to be a criminal infraction. The Japanese case illustrates an appalling decision where people who were otherwise innocent were punished for the actions of their designated driver. Many states in the U.S. have “dram shop laws.” These laws allow civil liability to be placed on “a social host or business (e.g. a bar or restaurant)” where alcoholic beverages have possibly been served to a person who was already intoxicated; who then may have consequently caused damages in a drunk-driving related accident.
The U.S. law does not usually inflict criminal liability for inaction where injury or risk was not caused or set in motion in some way by the individual charged with the crime. Currently, no states, including Florida, impose accountability on individuals who accept a ride from an intoxicated driver. However, as we mentioned previously, some anti-drunk-driving campaigning groups may use the criminal liability ruling in the Japanese case to further lobbying for prospective drunk-driving laws in U.S. legislation. Sadly, these laws, if passed in the U.S., could punish innocent people who are doing what they think is the responsible thing to do, i.e. using a designated driver.
If you, or someone you know, happen to find yourselves in a position where you are arrested and charged with a DUI in Florida, an experienced Florida DUI attorney will help you.
