Yes, you can be charged with DUI in Tennessee without ever driving, because the law also reaches anyone in “actual physical control” of a vehicle while impaired. A person asleep in a parked car near Lower Broadway can face the same charge as someone pulled over mid-turn. May & McKinney, PLLC, defends drivers and non-drivers alike against DUI allegations across Davidson County.
Tenn. Code Ann. § 55-10-401 makes it unlawful to either drive or be in physical control of a motor vehicle on public roads, or on premises the public frequents, while under the influence or with a blood alcohol concentration of .08 or more. The phrase “physical control” is what allows an arrest with no movement of the vehicle at all. Both routes to a conviction sit in the same statute, and prosecutors in Nashville use the physical-control theory often.
The Tennessee Supreme Court set the standard in State v. Lawrence, 849 S.W.2d 761 (Tenn. 1993). The court adopted a totality-of-the-circumstances test rather than a rigid rule. Judges and juries weigh where the person was in relation to the vehicle, where the ignition key was, whether the engine was running, the person’s ability apart from intoxication to direct the vehicle, and whether the vehicle could actually be operated or moved. In Lawrence, a man found asleep behind the wheel with the keys in his pocket and the engine off was still convicted. No single fact settles the question.
Our attorneys regularly see arrests where a driver pulled into a lot to sleep it off, sat in a running car to stay warm on a cold night, or waited in a parked vehicle for a sober ride home. Metro Nashville officers often approach parked cars during late-night patrols downtown and in the entertainment districts, then build a physical-control case from what they observe through the window.
Because the test weighs many factors, the defense can spotlight the ones that favor the accused. Keys away from the ignition, a vehicle parked off the roadway, a cold engine, and proof that the person meant to rest rather than drive all cut against physical control. Our firm also reviews the stop, the field sobriety testing, and any blood or breath testing for problems that may support a motion to suppress.
Choosing to wait out impairment in a parked car is a safer decision than driving, yet it can still bring a charge. Knowing how Tennessee courts apply the Lawrence factors helps our attorneys challenge whether the State can prove control at all, which is sometimes the difference between a conviction and a dismissal.
If you were charged with DUI in Nashville while parked or otherwise not driving, May & McKinney can examine whether the State can actually prove physical control. Call 615-256-7337 or contact us to have your arrest examined.
