Can You Be Charged as an Accomplice to Drunk Driving? | Thomas & Associates

When we think of drunk driving, most people imagine the driver as the sole person held responsible. However, under certain circumstances, passengers or other individuals can also face legal consequences — even if they never touched the steering wheel. If you helped, encouraged, or enabled someone to drive under the influence, you might be charged as an accomplice to drunk driving in Colorado.

Understanding what this means — and how to protect yourself — is crucial if you ever find yourself in a situation involving an impaired driver.

What Does It Mean to Be an “Accomplice”?

Under Colorado law, an accomplice (or “aiding and abetting” party) is someone who knowingly helps another person commit a crime. This doesn’t mean you have to drive the car yourself — your participation could involve:

• Encouraging someone to drive after drinking

• Providing your vehicle to someone who’s intoxicated

• Helping them avoid law enforcement, such as hiding evidence or misleading police

• Failing to intervene when you have control over the situation (e.g., a sober car owner allowing an impaired friend to drive)

If prosecutors can show that you intentionally or knowingly contributed to the act of drunk driving, you may face criminal liability.

Can a Passenger Be Charged as an Accomplice?

In most cases, passengers are not charged simply for being in a car with a drunk driver. However, there are exceptions. You could be charged as an accomplice if you:

• Encouraged the driver to “go for it” despite knowing they were intoxicated

• Handed them the keys or insisted they drive your car

• Helped them evade police after an accident or traffic stop

• Helped them destroy or hide evidence of alcohol or drugs

The key factor is intent — prosecutors must prove you knew the person was intoxicated and actively helped them drive or avoid responsibility.

Example Scenarios of Potential Accomplice Liability

1. The Party Host
   You host a party and watch a guest leave while clearly drunk. If you hand them their car keys or encourage them to drive, and they later cause a crash, you could face aiding and abetting charges — especially if others warned you of their condition.

2. The Sober Passenger
   You’re in the passenger seat, aware that your friend is intoxicated. If you urge them to speed up or interfere with police during a stop, you may be considered complicit.

3. The Vehicle Owner
   If you allow an intoxicated friend to borrow your car, knowing their condition, you could be held civilly and criminally liable if they cause harm.

Civil vs. Criminal Consequences

In addition to criminal charges, accomplices can also face civil liability. This means victims of a drunk driving accident could sue you for damages, claiming that your actions contributed to the crash.

For example:

• Loaning your car to an impaired driver could lead to a negligent entrustment lawsuit.

• Hosting a gathering where underage drinking occurs could result in social host liability claims.

In short, even if you never drove, your role in the situation can still have serious legal and financial consequences.

What the Law Says in Colorado

Under C.R.S. § 18-1-603, a person is legally accountable as an accomplice if they “aid, abet, advise, or encourage” another person in committing an offense. This includes DUI and DWAI offenses.

Prosecutors often look for evidence such as:

• Text messages encouraging someone to drive

• Witness statements about your involvement

• Video or surveillance footage

• Admission of providing the car or alcohol

While these cases can be harder to prove, the consequences are severe — potentially including jail time, fines, and a criminal record.

What To Do If You’re Accused of Aiding a Drunk Driver

Being accused of assisting a drunk driver can be overwhelming. Even if you believe you did nothing wrong, the legal implications can be serious. It’s important to:

1. Avoid speaking to police without a lawyer present.

2. Gather any evidence that supports your lack of involvement (texts, witness statements, etc.).

3. Consult a criminal defense attorney immediately.

An experienced attorney can assess your situation, explain your rights, and build a strong defense to protect your freedom and reputation.

How to Prevent Being in This Situation

To protect yourself — and others — from drunk driving liability:

• Take away the keys from anyone who’s been drinking.

• Offer to call a ride or arrange a rideshare.

• Never loan your vehicle to someone who might be impaired.

• Speak up — silence can be mistaken for consent.

Sometimes doing the responsible thing feels uncomfortable, but it could save a life — and keep you out of legal trouble.

Get Legal Guidance from Thomas and Associates

At Thomas and Associates, we understand how quickly a night out can turn into a serious legal issue. Whether you’re facing DUI charges or accusations of aiding a drunk driver, our experienced defense attorneys are here to help you navigate Colorado’s complex legal system.

We’ll review your case, explain your options, and fight to protect your rights and your future.