Traverse City Record-Eagle

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August 23, 2012

Friend who let friend drive drunk faces charge

Downstate woman allowed intoxicated person to drive

TRAVERSE CITY — A downstate woman who chose to not drive after drinking still faces a criminal charge because authorities said she let her drunken friend get behind the wheel.

Danielle Jean Guay, 25, of St. Clair Shores, is charged with a rarely used count of allowing an intoxicated person to drive a vehicle, a misdemeanor. Deputies allege she let a drunken friend drive. The friend, Amanda Gougeon, 25, faces a misdemeanor count of operating while intoxicated.

A Leelanau County deputy stopped their vehicle on M-22 near County Road 651 on Aug. 10 shortly before 2:30 a.m. A blood-alcohol test indicated Gougeon's blood-alcohol level was 0.20, more than twice the legal limit.

Guay told the deputy Gougeon was more sober, but a breath test of Guay registered at 0.08.

"They both may have thought that the driver was more sober than the passenger ... but the bottom line is the driver was more than double the amount the passenger was," sheriff's Lt. Clint Kerr said.

Guay was charged because authorities believe there's no way she didn't know Gougeon was drunk.

"(A) 0.20 is pretty frickin' drunk," Leelanau County Prosecutor Joe Hubbell said. "It's not even close."

The charge is not often used, for a variety of reasons. First, it can only be issued to a person who owns or is responsible for the vehicle used by a drunken person, so it's not applicable for friends who let drunken friends drive off in their own vehicles.

It's also often hard to prove that the person responsible for the vehicle knew for a fact that the driver was too drunk to drive.

"It's kind of a difficult charge," Grand Traverse Undersheriff Nate Alger said. "Sometimes it's very clear cut that this owner should have know that this guy was this bad, but that's not always the case."

Guay is scheduled to be arraigned on the charge next week. Gougeon has a pre-trial set for next week.

Both are out on bond; neither could be reached for comment.

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