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ROBERT R. KURTZ

ATTORNEY AT LAW

865.522.9942

Excellence in Advocacy.

Robert R. Kurtz represents clients in the cities of Athens, Chattanooga, Cleveland, Cookeville, Crossville, Gatlinburg, Greeneville, Jefferson City, Kingston, Knoxville, Maynardville, Memphis, Nashville, Newport, Pigeon Forge, Sevierville and the tri-cities of Kingsport, Johnson City and Bristol.

The materials in our web page are for the general education and knowledge and do not constitute legal advice or create an attorney-client relationship. Litigation can be complex and the law ever-changing, and it varies from jurisdiction to jurisdiction. If you have an individual legal problem or question, you should seek a legal opinion that takes into account the applicable law and your particular circumstances.

Knoxville, TN Criminal Defense Attorney

Knoxville Tennessee DUI Lawyer

Even a passenger can be charged with DUI or Driving under the Influence in Tennessee. Police officers can charge a passenger or other person with DUI by Consent if you aid someone in the commission of a DUI or if you assist or promote the commission of the offense or receive a benefit from the commission of the offense.

That means if you allow someone to drive your car or to use your car, and that person gets a DUI, you can be charged with DUI even though you weren’t driving. The penalties for DUI by Consent are the same as for DUI.

However, it is fairly well known that drinking and driving is a crime and that those convicted of a DUI will face very serious consequences. What is not so widely known is that you don’t actually have to be driving to be charged with a DUI. Under new Tennessee law you can be charged with a DUI if you allow someone that is intoxicated to drive your car. This is known as DUI by consent. In this case of DUI by consent, the owner of the car faces the same consequences as the driver. You both will pay at least $5,000 and have your licenses revoked. The only upside to that scenario is that you’d get to share your jail cell with someone you know.

DUI Attorney in Knoxville

Under this new law you don’t even have to be present in the car to receive a DUI by consent. Such is the story of a Greeneville man who loaned his car to his brother in law. The man only loaned him the car to use for getting to and from work, but when the brother in law was slapped with a DUI while driving the man’s car, he got one too.

Also, you can be charged with DUI if you are a sober passenger in the car. In Story v. United States the court ruled that “when one sits by the side of another and permits him without protest to operate a vehicle on a highway in the state of intoxication, the one sitting by is as guilty as the man at the wheel.” So if you ever think that someone driving might be intoxicated, it could be worth $5,000 and at least a day of your life for you to find a sober ride home.