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Criminal Law/can a passanger refuse to get out of the car?

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Expert: - 6/26/2009


Question
QUESTION: I wanted to know if you are a passenger and you are drunk and the police officer askīs you to get out of the car, can you refuse to do that so he canīt charge you for public intoxication?
thnak you, Monica

ANSWER: Did this really happen or is this a hypothetical question?  If it really happened I need more than one sentence.

---------- FOLLOW-UP ----------

QUESTION: a friend of mine was really drunk but he wasnīt driving,he has a passenger and a police officer stopped the car and asked my friend to get out of the car when she saw he was drunk....he refused saying that he doesnīt want to because they will charge him for public intoxication if he stepīs out of the car he knew some of the rights because he is a military....but i donīt know if the police left him alone because he was funny or because she saw that he knew his rights....i want to know if its possible to refuse and you can get away with it....

ANSWER: Ok let me ask one more question.  I just noticed that your location is "Spain".  Did this happen in Spain?

---------- FOLLOW-UP ----------

QUESTION: No....my friend is from Alabama...this happened in United States....i just want to know if that is possible...thank you

Answer
Ok at the top of the page it says that the question came from Spain so that is why I asked.  Apparently someone selected "Spain" when they asked the question.

Without the police officer's side of the story this is hard to answer.  There might have been and probably were several reasons why the officer invited the passenger to get out of the car.  If the officer is able to articulate in court a legitimate reason for ordering the passenger out of the car then the judge might find the person guilty if he was drunk.
If there was no legitimate reason then that would be a good defense to raise in court.  But I don't think that many of these cases go to trial.

So without knowing why the officer ordered the person out of the ground I can only speculate.  

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Jack Toomey

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Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

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I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

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Bachelor of Science degree in Criminolgy from the University of Maryland.

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