NASHVILLE, Tenn. (AP) _ Baltimore Ravens quarterback Steve McNair was charged with driving under the influence Thursday even though police said his brother-in-law was behind the wheel of the pickup registered to the former Tennessee Titan.

Although McNair was just a passenger, he was charged with a misdemeanour under a Tennessee law that prohibits a vehicle owner from letting it be driven by someone who is inebriated.

Police said officer Harold Taylor pulled over McNair's 2003 Dodge pickup just before midnight Wednesday because it was speeding. The driver, 31-year-old Jamie Cartwright, smelled of alcohol, failed a field sobriety test and refused to take a breath alcohol test, police spokesman Don Aaron said.

Cartwright said he was McNair's brother-in-law and acknowledged drinking at least two beers, police said.

The law used to charge McNair doesn't consider whether the vehicle owner was drinking, but only if the driver was impaired. Aaron said Nashville police have used the law to cite 42 other people this year.

``We are aware of the situation, but we're getting most of our information from the media,'' Ravens spokesman Chad Steele said Thursday. ``We've not spoken with Steve, so we're not sure at this time if we will have a statement.''

McNair declined to comment when he was released from custody. He was accompanied by a friend, nightclub owner Robert (Big Daddy) Gaddy, who told WTVF-TV that McNair had done nothing wrong.

Greg Aiello, an NFL spokesman, said it was too early to determine whether McNair would face any punishment from the league.

``Any law enforcement matter that involves any of our people, we look into it to determine whether there is ultimately any violation of our policies,'' Aiello said.

McNair was arrested on DUI charges once before in Nashville in May 2003, when he also was charged with illegal gun possession.

After a year of legal wrangling, a judge dismissed those charges, ruling that police didn't have sufficient reason to pull over McNair.