By James Kemp and Ryan C. Davis
Can a Passenger of a Vehicle be Charged with a DUI?
Most people are aware that if you drive with a blood alcohol content of .08 percent or higher, or if you drive under the influence of drugs, you can be charged with driving under the influence in Tennessee. However, did you know that is it possible for a passenger in a vehicle to be charged with DUI?
Tennessee has a relatively unknown “DUI by consent” law, whereby if the owner of a vehicle allows an intoxicated person to drive his or her vehicle, the owner can also be charged with DUI by consent. Even more surprising is that the owner of the vehicle does not even have to be in his or her car at the time of the offense to be charged, provided there is some evidence they consented to an impaired person driving their car.
Not only can a passenger of a vehicle be charged with DUI for allowing an impaired driver to operate his or her vehicle, there are also several other ways a passenger can be charged with a DUI by consent. For example, a passenger who reaches over and grabs the steering wheel in an attempt to maintain proper lane position, or if a passenger causes the driver of the vehicle to lose control of the wheel, he or she can also face DUI charges for technically operating the vehicle. If a driver of a vehicle switches places with a passenger after being pulled over by law enforcement, both individuals can be charged with DUI. Furthermore, if a law enforcement officer is not certain who was driving the vehicle, both the driver and passenger of the vehicle can be charged with DUI.
What are the consequences for a DUI by Consent?
A DUI by consent carries the same potential penalties as a standard DUI. In Tennessee, a first offense for a DUI is punishable by a minimum of 48 hours to a maximum of 11 months and 29 days in jail. However, if the driver’s BAC is higher than a .20, the minimum jail sentence increases to 7 days (see our post on consequences for a DUI)
If you’re facing a DUI or DUI by consent charge, call the experienced criminal defense attorneys today at Ryan C. Davis Law, PLLC at (615) 649-0110 to help you begin preparing your defense.
