Here are two examples from the U. S. of drunk passengers not being charged with driving while intoxicated:
Here’s an example from the U. K. of a drunk passenger being charged with driving while intoxicated, but because of special circumstances:
[quote]Carly Denman, of New Street, Three Bridges, was pulled over in Crawley town centre on April 14 and found to be over the drink-drive limit.
But [color=#0040BF]because Denman only had a provisional driving licence, her passenger Natalie Frost was also charged with drink driving[/color], as she was technically in charge of the vehicle.[/quote]–“Driver and passenger both guilty of drink driving,” This Is Sussex, April 24, 2009
Here are four U. S. examples of drunk passengers being charged with or convicted of driving while intoxicated, because they took control of the vehicle during its operation:
[quote]WILLISTON, Vt. (AP) — Vermont State Police say two Barre women who got into an argument in a moving car that rolled over on Instate 89 in Williston could both face driving under the influence charges.
Police say 22-year-old Caryn Pletzer was driving south at about 3:30 a.m. Saturday when she and passenger, 25-year-old Ashley Griffin, began arguing.
Police say Griffin [color=#0040BF]grabbed at the steering wheel, causing Pletzer to lose control[/color] and roll the car Griffin was driving multiple times.[/quote]–“2 Vt. women in same car face DUI charges,” New England Cable News, March 28, 2011
In an Ohio case, the trial court held as matter of law that where an intoxicated passenger had reached over and grabbed the steering wheel of the vehicle, that there was no probable cause to arrest her. However, the Ohio Supreme Court reversed, citing Ohio’s statutory definition of “operate,” which is “to cause or have caused movement of a vehicle,” and holding that in grabbing the steering wheel, defendant had caused movement of the vehicle and had therefore operated it. –State v. Wallace (Ohio Supreme Court, 2006) (PDF document will pop up if link is clicked.)