The driver and 1st passenger are not drinking but the 3rd person in the vehicle is why would all of them be in trouble?
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This is not the place for guessing games. How would we know what happened or what was charged? If you want a meaningful response, post all of the facts and not vague "what if" questions.
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Since you didn't give any details or what the charges are, there's no way to even guess and answer your question. You'll need to post enough information to let us know what actually happened.
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If you are in "trouble", I suggest getting a lawyer. Quit wasting time.
Good luck!
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