Do I Have to Be Driving to Be Arrested for a DUI?
Although most of us assume that you must be driving to be arrested for a DUI, you only need to be in physical control of the vehicle. If you are found behind the wheel or have your keys in your pocket, you can still be charged with a DUI in Tennessee. If you or a family member has currently been accused of driving under the influence, our Nashville DUI attorneys would like to discuss your matter.
Traditional DUI Requires Physical Control of the Vehicle
A person is considered to be driving under the influence (DUI) when he or she is unable to safely operate a motor vehicle due to being impaired by alcohol and/or drugs. An individual who has a blood alcohol content (BAC) of 0.08% or greater is driving under the influence, regardless of whether they broke any traffic laws. Albeit, you do not need to be driving a motor vehicle to be charged with a DUI. However, you must be in or near the vehicle and can control it (having the keys and being able to drive it).
Penalties for First-Time DUI Offenders in Nashville
A first-time DUI conviction carries a mandatory minimum of 48 hours in jail, fines of $1,500 to $3,500, and at least one year’s license suspension. A BAC of 0.15% or greater will result in increased penalties, including a mandatory minimum of seven days’ incarceration. You will also be required to participate in an alcohol and drug treatment program. If anyone was injured, killed, or if you were transporting a minor, harsher penalties will apply.
Could I Be Arrested for a DUI as a Passenger?
Not only can drivers be arrested for driving under the influence, but passengers also face criminal penalties if they knowingly let an inebriated person operate their vehicle. This is known as a DUI by consent (also referred to as a DUI by proxy), which could result in misdemeanor charges. A DUI by consent conviction will result in steep fines, vehicle impoundment or forfeiture, and increased insurance rates. Additionally, your license may be revoked for one year, with the possibility of a restricted license. Subsequent offenses will result in harsher penalties.
In many situations, the officer will issue a citation instead of placing you under arrest. Unlike a regular traffic ticket, a misdemeanor citation requires that you appear in court. A passenger can be charged with a DUI by proxy while the driver is simultaneously charged with a DUI. So, as the owner of the vehicle, you could be charged with a DUI for letting your less drunk friend drive you home.
Defenses Against DUI By Consent Law
DUI by consent implies that you gave your permission for the inebriated person to drive your vehicle. However, this is not always the case, with an intoxicated spouse insisting on driving, refusing to take no for an answer. If there is evidence that suggests that you did not willingly let the other person get behind the wheel, the legal team at Andrew C. Beasley, PLLC, will find it. Our main objective is to keep your record clean. Alternatively, if you were charged with a traditional DUI but were not driving the vehicle, our criminal defense attorneys will investigate to determine if you were able to operate the vehicle.
Contact Our Nashville DUI Attorneys Today
Since DUIs have been on the rise in Nashville, law enforcement has been more vigilant in pulling over potential offenders. While you may not have been illegally driving the vehicle, if you were in physical control of the car or allowed someone to operate it while drunk, you could face criminal penalties. At Andrew C. Beasley, PLLC, we are committed to ensuring that your freedom and reputation remain intact following a DUI arrest. To arrange a free consultation with one of our Nashville DUI lawyers, our office can be reached online or by calling (615) 846-9889 today.