just a quick question about the law to keep me legel...

say I'm 16, have my drivers license, and am driving a friends car while he's in the passenger seat.

He is noticeably drunk, and we get pulled over but have no alcohol in possession.

Can he get into shit? Can I? What could a cop legally do in this situation?

In most states if a passenger does not consent to a breath test they cannot be force to submit one. However if your friend is showing visible signs of inebriation, therefore creating probable cause, he may (depending on your state) be subject to a breath test under a "drunk in public" or some similar investigation. If you live in a state where it is illegal for a minor to be under the influence of alcohol, not just in possession or attempting to purchase, then I guess a breath test would be a routine investigation also. However most cops look favorably on the whole "designated driver" arrangement. Since police have discretion when choosing to make an arrest for misdemeanor crimes I highly doubt any of them would waste their time with such a trivial matter

The most common charge in that situation is a Public Drunk, but unless he gets rowdy or something surely the cops will just let you drive home.

Inside a privately owned vehicle is not a public area. Otherwise it wouldn't be privately owned!

Inside a privately owned vehicle is not a public area. Otherwise it wouldn't be privately owned!

However, the vehicle is making use of public streets. Therefore, the persons inside the vehicle are subject to public law. Agreement of use and all that stuff I vaguely recall from high school debate.

However, the vehicle is making use of public streets. Therefore, the persons inside the vehicle are subject to public law. Agreement of use and all that stuff I vaguely recall from high school debate.

its true.

to the OP, your best defense is saying your drunk friend called you and needed a ride home.

They wouldn't care, they'd just be glad he's not the one driving. Make sure there's no empties in the car though.

I have been pulled up while my mate was driving my ute and I was off my face coming home from a club at about 3 am.

the police said it was good to see my p plates displayed correctly, and it was good I had made a responsible decision.

It's counter productive for the police to hassle your mate for being responsible and not driving. You are licensed and I presume following the road laws, in a roadworthy and registered car? It's highly unlikely they will have a problem unless you have alcohol in the car.