Can You Get a DUI as a Passenger?
If you are found operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or greater in Tennessee, you will be charged with a DUI. Prosecutors must prove certain elements to charge someone with a DUI. In Tennessee, certain situations can permit a passenger to be charged with a DUI. However, being charged does not mean that you are automatically guilty, making it crucial that you hire an experienced defense attorney.
At Andrew C. Beasley, PLLC, our Nashville DUI attorneys’ experience as former prosecutors gives our legal team an edge above the rest. If you are facing a DUI charge as a passenger, you are subject to being fined, incarcerated, or having your driving privileges suspended. Our legal team will hold the prosecution to meet their burden, poking holes in their case.
What Must Prosecution Prove to Convict Someone of a DUI?
The prosecution has the task of proving three elements to obtain a conviction: (1) you were driving the vehicle or were in control of the vehicle; (2) you were impaired while operating a vehicle, which can be further supported if your BAC is 0.08% or greater; and (3) that the car was in motion on a public road or highway. These elements must be proven beyond a reasonable doubt, requiring that a person of reasonable intelligence would have no lingering doubt about your guilt.
If there is a question of whether you were operating the vehicle, the State must present evidence that removes any uncertainty. Of course, our legal team will not rely on the prosecution to meet this burden without putting up a fight. To determine control, your location within the vehicle and the totality of your circumstances will be assessed. At Andrew C. Beasley, PLLC, our legal team will conduct a thorough investigation and gather information that causes the jury to question your role in the matter.
Common Situations When a Passenger Can Get a DUI
The police may arrest you for a DUI if they suspect that you were driving or if they are unsure of who was operating the vehicle. If you attempted to steady the wheel and took control of steering, then you may be facing a DUI charge. Additionally, if you were aware that the driver was intoxicated but allowed them to drive, you could be charged with reckless endangerment. This would apply if the driver’s inebriation were at a level that caused them to place themselves or others in danger of serious bodily injury or death.
Penalties for a First-Time DUI Offense in Tennessee
Tennessee has some of the strictest laws when it comes to driving under the influence. As a first-time DUI offender, you will be sentenced to at least 48 hours in jail and be forced to pay fines of up to $1,500. However, the minimum prison sentence will increase to seven days if you have a BAC of 0.15% or higher.
Additionally, you may be ordered to participate in a court-ordered alcohol and drug treatment program. In some cases, defendants may need to pay the victim restitution if the defendant’s intoxication resulted in bodily injury (Restitution is a financial payment made to a victim in criminal cases to compensate them for any losses). Administrative actions will include mandatory suspension of your driving privileges for one year.
Nashville DUI Lawyers Providing Aggressive Advocacy
If you are a passenger facing DUI allegations, you need dependable counsel on your side. While the prosecution is forced to satisfy a high burden, our Nashville DUI lawyers are prepared to provide the utmost advocacy to protect your rights. We understand the stress that you are under and are available to answer any and all of your concerns. To learn more about our legal services or to schedule your free consultation, feel free to contact Andrew C. Beasley, PLLC, online or by phone at (615) 846-9889.