Whilst it's a terrible incident and the driver should face the full consequences I don't believe the passenger(s) should be charged.
Yes it could be argued they should or could have stopped this idiot getting behind the wheel but afaik there is no law about being a passenger in a car and being charged, if the driver does something wrong.
I don't believe any passengers should be charged unless they distracted or inhibited the driver in some way. Otherwise they didn't do anything wrong imo.
Dumb getting into a car when it's being driven by someone intoxicated but I've done it before because I was also pissed....
