In Tennessee (Hamilton County Specifically), DUI/DWI is there a law to get the passenger in trouble?
So one of my friends told me the other day that a intoxicated PASSENGER in a vehicle with a intoxicated driver could be charged with DUI or some other offense even if you hold no ownership to the vehicle. Any truth to that? If so what is the offense. If the passenger had not drove at all, and was no...
So one of my friends told me the other day that a intoxicated PASSENGER in a vehicle with a intoxicated driver could be charged with DUI or some other offense even if you hold no ownership to the vehicle. Any truth to that? If so what is the offense.
If the passenger had not drove at all, and was not being a nuisance. Maybe some sort of consent thing. I'm reasonably sure it wouldn't be a DUI since as implied that is driving, I
Not DUI, assuming they didn’t tell the cop they were driving a little earlier. If the passenger admitted to driving at some point in the evening, they could be charged with it.
But most likely, if the passenger became a nuisance, the person could be arrest for public intoxication. If they weren’t a problem, the cops would likely let them call for a ride or taxi, and nothing would happen.
The "D" in DUI or DWI stands for "DRIVING". Is the passenger driving the car? Of course not. He wouldn’t be a passenger if he was. So how could he be cited for DRIVING under the influence?
This doesn’t mean that the passenger can’t get in other trouble with the law. But he/she will not get a DUI/DWI just for be drunk as a passenger.
This is from http://www.1800dialdui.com and it answers your question very well:
"I was arrest for “DUI by Consent.” What does that mean?
In Tennessee, you can be arrested for “DUI by Consent” if you aid someone in the commission of DUI or if you assist or promote the commission of the offense or receive a benefit from the commission of the offense. If charged with “DUI by Consent” you would face the same penalties as if charged with the commission of the underlying offense.
Note: If the driver is not convicted of DUI, you cannot be convicted of “DUI by Consent.”
I was only a passenger, not the owner of the vehicle, can I still be convicted of “DUI by Consent?”
Yes. In Tennessee, ownership of the vehicle is irrelevant. Therefore, depending on the facts of your case, you could be found guilty of “DUI by Consent.” Because you would face the same penalties as the driver, it is important that you consult an attorney who is experienced in DUI defense.
I was the owner of the vehicle, but not present when the driver was arrested for DUI. Could I still be convicted?
Yes, in Tennessee, the law makes no specific requirement that the owner be present in the vehicle to be criminally responsible for the driver’s conduct. Therefore, depending upon the facts of your case, you could be found guilty of “DUI by Consent.” Because you would face the same penalties as the driver, it is important that you consult an attorney who is experienced in DUI defense."
Here is a comprehensive view of the Tennessee DUI law. It’s one of the toughest laws in the nation and yes, includes a provision for being arrested even if you are not the driver:
http://www.factoidz.com/the-tennessee-dui-law-penalties-and-possible-mitigation/