Law Office of Rob McKinney
615-686-2115
866-603-2842
View Our Practice Areas

Can I Get a DUI If I Let Someone Else Drive My Car ?

DUI law can be very complex. One question I was asked today is "can I get a DUI charge if the car is titled to me and  my son got arrested for DUI while driving my car?" Under Tennessee law, there is no answer on whether the owner of the car must be present in the vehicle. 

The most common fact is the owner/passenger DUI offense. It occurs when the owner of the car allows a person to drive their car while the driver is alleged to be impaired. Tennessee Code Annotated Section 55-10-210 provides in part that one who aids or abets the principal in a criminal offense "is guilty of such offense".

The next question is what is the punishment for the aider and abettor. In applying the reasoning from the court in St. v. Keys, it appears the punishment for the aider and abettor should not be held to the driver's punishment level. It is common for police and law enforcement to arrest both the driver and the owner for DUI. It puts pressure on the driver to plead guilty to get a possible dismissal of the owner's charge. What happens if the car is titled jointly like a husband and wife? The answer may be coming soon.

No Comments

Leave a comment
Comment Information
brand footer image

214 2nd Avenue N.
Suite 400
Nashville, TN 37201

Toll Free: 866-603-2842
Phone: 615-686-2115
Fax: 615-242-5967
Map & Directions

NEW! Visit the iTunes App Store to
download our Tennessee DUI Law Help App

back to top