DUI by Consent in TN

DUI by consent, also known as DUI by proxy, in the state of Tennessee is a driving under the influence law that charges the owner or passenger of a vehicle with a DUI. In other words, if a person is driving a vehicle owned by someone else and commits a DUI offense, vehicular homicide or another crime while under the influence, the owner of the car can be held criminally liable for that person’s actions. It means that both the driver and owner of the vehicle are charged with DUI offenses.

What is the Penalty for a DUI by Consent in Tennessee?

Even if you are facing a first offense for DUI by consent in Tennessee, it is a serious matter. In general, DUI by consent includes the same penalties as a typical DUI conviction. For a first offense, you can expect the following:

• 48 hours to 11 months and 29 days in jail
• Your driver’s license may be revoked for a period of one year with the possibility of a restricted license depending on certain circumstances
• Alcohol and/or drug treatment program
• A fine ranging from $350 to $1,500
• Other fees up to $10,000, including attorney fees, bail, towing, court costs, driving school, reinstatement fees and ignition interlock device installment

If the penalties are for a second offense, you can expect the following:

• A minimum of 45 days or up to 11 months and 29 days in jail
• A $600 to $3,500 fine
• Your driver’s license is revoked for two years with a possible restricted license depending on certain circumstances
• Seizure of your vehicle or forfeiture of your vehicle
• Alcohol and/or drug treatment program
• Additional fees of up to $10,000 for attorney fees, bail, towing, court costs, driving school, reinstatement fees and ignition interlock device installment

For a third DUI offense, you can expect the following penalties:

• A minimum of 120 days or a maximum of 11 months and 29 days in jail
• $1,100 to $10,000 fine
• Your driver’s license can be revoked for six years with the possibility of a restricted license in some situations
• Vehicle seizure or forfeiture
• Alcohol and/or drug treatment program
• Other fees amounting up to $12,500 for attorney fees, bail, towing, court costs, driving school, reinstatement and installation of interlock ignition device

Typical Criticisms of DUI by Consent?

Not surprisingly, there have been many criticisms of the DUI by consent law. For example, if the individual who owns the vehicle or who has been forced into being a passenger is an abused spouse or significant other of the driver, she or he may not have the ability to stop the person from operating the vehicle or from consuming alcohol or drugs before getting behind the wheel. If the driver made a threat to harm the person or a member of their family, they may feel they have no choice but to get into the car.

These are the typical penalties for DUI as well as DUI by consent in Tennessee. If you are charged with this crime, call us now for a free consultation.