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No. The CoC may try to charge dereliction of duty. Especially if the passenger is drunk, in that case you may not have any knowledge that the driver was intoxicated. I've seen this issue pop up once or twice when the CoC tried to punish someone under UCMJ for this exact same situation. It has never made it past the Brigade Legal Office.

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Q: Can a passenger in DUI be convicted under ucmj?
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