DUI Arrest Without Driving? DUI by Allowance

Every year more than a hundred people are arrested in Nashville and charged with DUI even though they were not driving a car at the time they were arrested. These arrests are made pursuant to the general theory of criminal responsibility or other dui laws that criminalize aiding or abetting DUI. For example, if during a DUI arrest a Nashville police officer learns that a passenger in the car driven by the suspected drunk driver owns the vehicle and allowed the driver to drive it, that passenger/owner is arrested for DUI along with the driver. This is sometimes referred to as “vehicle owner DUI” or “DUI by allowance”.

Under Tennessee law, if convicted, these non-driver defendants face the same penalties as the DUI defendant driving the car.

If you or someone you know has questions regarding a DUI charge, contact Nashville Attorney Russell Thomas at 615-620-0891 for the answers to your questions.