Can I Get a DUI Even if I'm Not Driving?
Posted on Jun 22, 2019 9:05am PDT
A
DUI charge stands for a “driving while under the influence” charge,
but can you receive a
DUI charge even if you’re not driving a car? In this blog post, we will
examine the laws of Tennessee to get the answer we’re looking for.
Tennessee DUI Definition
In short, the answer is yes: you can receive a DUI charge even if you’re
not driving a vehicle. To understand why this is possible, we must examine
the legal definition of a DUI charge in Tennessee.
The Tennessee
definition of driving under the influence is as follows, “any person who drives,
operates, or exercises physical control of a commercial motor vehicle.”
For this blog, the key part of this definition is, “exercises physical
control of a commercial motor vehicle.”
Physical Control of a Commercial Motor Vehicle
Someone has “physical control” of a car when he or she is sitting
in the driver’s seat.
As a result, someone over the legal blood alcohol content (BAC) limit could
be charged with a DUI if they are in the driver’s seat of a vehicle while:
- Sitting at a red light;
- Sitting in a parking lot;
- Placed curbside on a public street.
Therefore, someone sitting in the driver’s seat of a car could receive
DUI charges even if they aren’t driving!
DUIs & Letting Others Drive
Your car is your property, which legally means it’s an extension
of you. For this reason, letting someone drive your car while they’re
drunk can result in DUI charges for you and the driver.
To be convicted for a DUI in this circumstance, the following must be true:
- The driver must be impaired by drugs or alcohol;
- You must be in the car with the driver;
- The driver’s intoxication is reasonably noticeable.
Need Representation for a DUI Charge?
If you or a loved one receives a DUI charge, the Law Office of Joseph Fanduzz
can help! Our experienced criminal defense representation is ready to
defend you and your rights. Why wait, get the defense you need now.
Call {F:P:Site:Phone} for a free consultation for your case.