If there is a drunk licensed driver in the passenger seat, and a sober driver with a permit, do they get in trouble?

In California the licensed driver must be sober, ready and able to take over in case the driver with a permit cannot drive for any reason. – Yes, they would get in trouble.

In SD yes they would both be in trouble. It is actually better here to be alone and sober for someone with a learner’s permit.

The driver would get busted for driving with an impaired licensee. And the passenger could get a DUI and/or contributing to the delinquency of a minor.

In the Uk this is the case too. Any person acting as an instructor to someone with a provisional license is technically driving themselves. They are not allowed to use a mobile phone or be under the influence of drugs or alcohol.

Thanks guys! :)

To my knowledge the licensed driver has to be currently functional/able to legally drive.

However if you were pulled over and the permit holder was driving the drunk licensed driver home or something, I suspect most police would let it slide.

@tedd that makes sense.
I know it would be irresponsible, but I wan’t sure if it was illegal.