DUI by Consent in Tennessee a Risk for Vehicle Owners
You don’t have to be driving under the influence to be arrested for your first, second, or third DUI in Tennessee. If you’ve let someone drive your vehicle who is knowingly intoxicated, state law provides for charging car owners with a DUI by consent (also called DUI by proxy). Most of the time, DUI by consent is charged when the owner of the vehicle is riding in the car when the allegedly intoxicated person is driving and gets arrested. As you can imagine, this often happens when two spouses are allegedly intoxicated and both present in a vehicle they own together.
You don’t have to be driving to be charged with DUI
Often, one spouse or partner is initially arrested for a DUI – either their first, second, or third offense – and the other spouse or partner is arrested in the same traffic stop. During the stop, police pressure can be placed on the driver of the vehicle to admit intoxication, which puts the passenger and owner of the vehicle in a tough spot, as there is little way they can plea not guilty to the charge of driving under the influence by consent. Anyone arrested for DUI by consent or first offense DUI should consult an experienced Franklin DUI attorney with the ability to successfully defend their rights.
It’s important to always have a designated driver, especially because two people (or more) can be arrested and charged with Driving Under the Influence in Tennessee. What’s more, in some cases, the owner of the vehicle doesn’t even have to be present to be charged with DUI by consent. If you have been convicted of DUI by consent or DUI by proxy, the vehicle’s passenger(s) or owner will be subject to the same penalties of a Tennessee DUI conviction. If either the driver or passenger of the vehicle has a prior DUI arrest or conviction, you will need an experienced Franklin DUI lawyer to help you understand your situation.
At the Law Offices of Adrian H. Altshuler & Associates, you will find focused and experienced Franklin DUI attorneys who want to help you understand your DUI by consent charge. We are a reputable firm with years of experience, and many successful clients we have represented in DUI court. When you call us, we provide a complimentary consultation, and will aggressively advocate for you in court. If you need a DUI lawyer with years of experience to represent you in your Franklin, Brentwood, or Columbia DUI case, call us at 615-977-9370 or fill out our contact form.