I think issues like this may have come up before, but I don't recall exactly. 

According to this article, a car driven by a nine year-old was stopped by police. The child's father, who was drunk, was also in the car. I am not a lawyer, and I sometimes miss the one who is, but this incident raises some interesting questions.

If the father is not driving, is he in charge of the vehicle? Can he be prosecuted for driving under the influence even though he was not driving? Or would he be liable for prosecution on a different charge, like endangering a minor, or being a lousy role model?

If the child is nine, I think that is below the age of criminal liability, so the child can't be charged. Is that correct? Is it conceivable that both could get off because no crime can be found to cover the situation? What does the law say about this?