Tennessee DUI By Consent

In Tennessee, if you knowingly allow a person under the influence of alcohol or drugs to operate a vehicle that you own, you could be charged with DUI by Consent, also called DUI by Proxy.

For instance, a spouse may be arrested and charged with DUI by Consent if he or she is a passenger in a vehicle that they co-own along with their marital partner who has been charged with driving under the influence.

Penalties For DUI By Consent

The penalties for DUI by Consent are the same as those associated with a regular DUI charge, and include minimum jail sentences, fines and loss of driving privileges. First-offense DUI, for example, carries a minimum of 48 hours in jail, with a maximum jail sentence of 11 months and 29 days. Other penalties for first-time DUI offenders include the loss of driver’s license for one year, court-ordered participation in DUI School, a minimum fine of $350 and possible drug and alcohol treatment, if the judge deems it necessary.

Penalties for subsequent DUI by Consent charges increase along the same lines as those for second, third and fourth DUIs.

Inherent Problems With The DUI By Consent Law

The provision of Tennessee law that allows for the DUI by Consent charge is somewhat controversial among attorneys and lawmakers across the state. Some have argued that persons involved in abusive relationships or those who are victims of domestic violence may not be able to confront a partner who has had too much to drink, for fear of reprisal. It has also been argued that law enforcement officers are outfitted with specialized equipment and trained in methods for determining a driver’s intoxication level—advantages that the average citizen does not have.

Help For Your Tennessee DUI Case

If you or your spouse or loved one has been charged with DUI by Consent in the state of Tennessee, Marcos Garza knows how to help. An experienced DUI attorney with a wealth of knowledge on Tennessee DUI laws, Mr. Garza will vigorously defend your rights and ensure that you receive a fair trial.

Don’t wait until it’s too late—call the Garza Law Firm today at (888) 680-7554 and set up a free case consultation.

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