Nashville Owner DUI Arrest

In reviewing some of my email I generally get some questions in regards to Nashville DUI Owner charge, many ask, is there such a situation where I could be charged with a dui?

Well yes there is such a thing as an owner DUI in Tennessee. As an owner of the vehicle you allowed someone to drive your automobile while they were under the influence. In Tennessee as an owner of a vehicle you have a duty not to allow an impaired person to operate and control your car.

Many times I have heard the defense of, ”I let my friend drive, they were more sober than me”. In Tennessee that is not a valid defense to a DUI Owner charge. Being sober is not a defense either, in regards to allowing an intoxicated person to operate and control your vehicle, you can still be found guilty of an owner DUI charge. It is a charge of intent, meaning if you are passed out and someone takes your keys, then you may not be liable for the DUI owner charge in Tennessee.

Could you be convicted of a Owner DUI in Tennessee even if you are not in the car? The answer is yes, it is not hard to imagine that a court could find you guilty of an Owner DUI if you provided the keys to your car to an intoxicated person, even though you never actually got in the car and rode anywhere with the principal defendant.

What if the defendant hurts someone in a wreck while driving my car, and they are intoxicated, can I be convicted of a crime more serious than DUI? I have heard this question quite often, the answer is yes. The courts have said in State v. Williams, “if a person intentionally permits another to operate a motor vehicle knowing the driver to be intoxicated, the person is criminally responsible for the crimes committed by the driver”.

There has been some further case law in regards to the owner DUI charge in Tennessee. It has been established through case law that one may be held liable for the acts of another relating to a DUI charge where the owners acts did not happen until after the event, ie, there was a crash and the owner passenger of the vehicle took steps to cover up the crime, (a crime like vehicular homicide).

Owner DUI charge in Tennessee is a serious matter, please feel free to phone the office with any questions you might have, I would be pleased to speak with you.