Sometimes a police officer may mistakenly charge a passenger with DUI if the officer does not know who was driving the automobile. This sometimes happens when there has been an accident, because of a drunk driver, and the police arrive at the scene after the car is stopped. Here, if there were multiple people in the car and they have exited the vehicle before the police arrive, the authorities will not know for certain who was driving. This means an officer may mistakenly charge someone, such as the passenger, for the DUI offense. Please note, however, that this mistake will typically be corrected after the police investigate matters. Or, after a skilled DUI defense attorney analyzes the facts of the case.