The Crime:
Tennessee DUI law provides that an owner or passenger of a vehicle may be held criminally liable for the actions of another person who commits the offenses of DUI, vehicular homicide, or related Tennessee crimes. This means that an owner or passenger may be found guilty of a Tennessee DUI offense when the driver is found guilty of Tennessee Driving Under the Influence. This crime is most commonly referred to as “DUI By Consent.”
A passenger or owner of a vehicle may be found guilty of DUI under Tennessee law even if the passenger or owner never drives. As a result, two or more people in the same car may be arrested and charged with Driving Under the Influence, even if only one person drove or operated the vehicle. In certain circumstances, a person can be charged and convicted of DUI by Consent even if he or she is not present in the vehicle at the time of the driver’s arrest.
The Penalties:
If convicted of DUI by Consent, the passenger or owner is subject to the penalties of a DUI conviction. If the driver is a multiple offender, or if the passenger or owner has prior DUI convictions, unique issues may arise as to which penalties apply. If you are charged with DUI by Consent in Tennessee, the attorneys at Oberman & Rice are available to discuss your charge in detail.
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Illnesses May Be Mistaken For Intoxication
A good DUI defense lawyer will spend sufficient time conferring with one’s client to determine whether the arresting officer mistook the client’s medical condition as intoxication.Unfortunately, this mistake occurs every day—often presenting with people suffering from Attention Deficit Disorder (ADD), […]
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April 08, 2021
Tennessee Handgun Law Defense
As of April 8, 2021, Tennessee created an exception to the offense of unlawful carrying of a firearm. Accordingly, it is now a defense to T.C.A. 39-17-1307 if a person meets the age requirements, lawfully possesses the handgun, and is […]
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Office
Oberman & Rice
550 Main Street
Suite 730
Knoxville, TN 37902
Phone Number
(865) 249-7200
(865) 540-1696 (fax)
GPS Coordinates
Long: 35.970504
Lat: -83.914776