The passenger was also intoxicated. By grabbing the steering wheel, the passenger assumed momentary control of the vehicle causing it to crash. On this basis, she is also facing a prosecution for driving a vehicle under the influence of alcohol.

As far as my client is concerned, I do not believe that the fact that the passenger was also charged will help a great deal, other than to establish that she did not cause the accident, thereby avoiding additional penalties. Typically a prosecutor will want some Caltrans or other Community Labor as punishment for causing a DUI accident.

The passenger admitted her actions to the police and was apologetic to my client. I doubt that she expected to be arrested for a DUI and I am sure that her arrest came as a big surprise. I hope that she has retained a good Orange County DUI Lawyer to represent her as I am sure that a Prosecutor will expect a conviction unless she defends herself.

In some States, it is an offense to be in care and control of a vehicle while impaired through alcohol, even if the vehicle is not driven. This would apply to a situation where an impaired person is sitting in the drivers seat of a vehicle, perhaps listening to the radio, but with no proof of actual driving. In California, proof of driving, meaning proof of some volitional movement of the vehicle is required to prosecute a DUI. However, just taking the handbrake off a stationary vehicle causing it to move forward slightly has been held to constitute "driving".