Is this situation about driving with a learner's permit legal?

I've been wanting to ask this question for a long time. Picture this scenario. Two girls, college roommates, Girl #1 and Girl #2 go to the club, start partying, and when it's time to go, Girl #2 is so drunk with a blood alcohol level of 0.258, over five times the legal limit, she needs help getting back to the car. Girl #1 didn't even drink, so she's completely 100% sober. The drunk woman, Girl #2, is a licensed driver. Girl #1 wants to be the designated driver so the two can go home safely, but unlike Girl #2, Girl #1 has just a learner's permit, not a driver's license. Girl #1 then drives the two home with Girl #2 in the passenger seat.

Is it legal for Girl #1 to drive home with Girl #2 that drunk? It's confusing because I'm thinking two things here. One, it's legal because the law says that it's illegal to drive drunk, but Girl #1 is the driver, completely sober, and permitted to drive. Two, I'm thinking it's probably illegal for this to happen because technically, Girl #1 is not licensed to drive. She is PERMITTED TO LEARN [emphasis] how to drive on the road from a licensed driver, but the licensed driver in this case is in no condition to teach her because she's way too drunk.

What do you think?

Blockhead2014-06-28T17:38:26Z

Favorite Answer

i think its legal...even if she were stopped she should be commended for not letting the drunk driver drive..

10

＊ 阿妹＊ May *2014-06-29T04:37:54Z

You don't state how old they both are or what state you're in. In some states, the licensed driver must be at least 18 and in some the licensed driver must be 21.

I'm not sure about the actual legality if the licensed driver is drunk. Ideally then, the sober one should call for a cab or a friend to help get them home. The sober one (non-licensed) shouldn't be driving if the licensed one is too inebriated to know what's going on (much less teach/watch the permit driver).

00

Pepper, PhD2014-06-29T00:11:35Z

All state laws are different so it depends on what state they are in. I know in at least one state, if #2 is at least 18 years old, it is legal.

30

Anonymous2014-06-29T00:39:28Z

An intoxicated license holder does not represent a good influence so is technically illegal. However a designated driver is usually never scorned by a respectful law enforcement official.

00

xpatinasia2014-06-29T09:19:14Z

No, of course not.

00

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