My buddy got DUI 3 weeks ago, while I was passenger. Sheriff officer arrested him and let me go. They did not test me anything but they did saw my id and i think took my name. But they did not do Breathalyzer test or anything, and told me call taxi and go home. Since Im on court probation Im little worry, My probation did not say that I can not drink. Would anything will happen to me?
I think you are in little danger of facing a probation violation based on the facts you described.
But to answer your question in the strictest sense – Yes, a passenger can get a DUI. I have seen an intoxicated passenger charged with DUI after he jerked the steering wheel and caused an accident. Needless to say, those types of cases are very rare.