Can a Passenger Get a DUI?

Most people assume that only the driver can be charged with DUI, but Tennessee law also allows for certain charges against passengers. One of the most overlooked offenses is DUI-vehicle owner, which holds a vehicle owner responsible for allowing an impaired person to drive their car. This charge is more common than many realize and carries severe legal consequences. The Law Office of Bryan Stephenson provides skilled defense for individuals facing DUI-related charges throughout Nashville and Middle Tennessee.

Can a Passenger Be Charged with DUI?

Passengers cannot be charged with DUI traditionally since they are not operating the vehicle. However, Tennessee law allows for other charges in DUI-related cases, including:

• DUI-Vehicle Owner – Many people do not realize they can be charged simply for allowing an intoxicated person to drive their car. This is sometimes referred to as DUI by allowance or DUI by consent.
• Public Intoxication – A passenger who is visibly impaired and causing a disturbance may be arrested for public intoxication.
• Open Container Violation – In some states, it’s illegal to possess an open alcohol container in the car. In Tennessee, a passenger may legally possess an open container of alcohol so long as the driver isn’t participating and everyone in the car is at least 21 years old.
• Obstruction or Disorderly Conduct – Interfering with a DUI investigation can result in additional criminal charges.

What Is a DUI-Vehicle Owner Charge?

Most people are unaware that DUI vehicle ownership is a common charge in Tennessee. State law allows prosecutors to charge vehicle owners if they knowingly allow an impaired driver to operate their car. This charge does not require the owner to be intoxicated—only that they permitted someone under the influence to drive.

Allowing an intoxicated driver to take control of a vehicle can also lead to reckless endangerment charges. If a DUI-related crash results in injuries, the penalties can be even more severe. More information on related offenses and legal defense strategies is available in our criminal defense practice area.

Can a Passenger Be Charged with DUI for Grabbing the Wheel?

In some cases, an intoxicated passenger can face DUI charges if they take control of the vehicle. Tennessee law defines DUI as operating a vehicle while under the influence, and operation includes steering or controlling any part of the vehicle’s movement. Note that “physical control” also includes being in a parked car, so you can be cited even if the vehicle isn’t driving.

If an intoxicated passenger suddenly grabs the wheel and causes erratic driving or an accident, they could face DUI-related charges in addition to reckless driving or endangerment. Many individuals are caught off guard by this legal risk, assuming that passengers cannot be held accountable for a DUI offense.

Legal Consequences of Allowing an Impaired Driver to Operate a Vehicle

A vehicle owner who permits an intoxicated person to drive may face severe legal penalties, including:

• Criminal Charges – Many people are unaware that Tennessee law allows for prosecution under the DUI-vehicle owner statute. Convictions can lead to fines, probation, and even jail time.
• License Suspension – A vehicle owner may lose their driving privileges if found responsible for enabling a DUI offense.
• Civil Liability – If an impaired driver causes an accident, the vehicle owner could be liable for damages.

Passengers facing these charges should seek legal representation immediately. 

Defenses for DUI-Related Charges Against Passengers

Many individuals charged under DUI-vehicle owners do not realize they need legal defense until it is too late. Common defenses include:

• Lack of Control — The passenger does not own the vehicle or have any say in who is driving.
• No Knowledge of Impairment – The vehicle owner did not know the driver was intoxicated.
• Duress — You are forced or coerced into allowing an impaired driver to operate your vehicle. 
• Unlawful Arrest – The charges could be challenged in court if law enforcement failed to follow proper procedures.

At the Law Office of Bryan Stephenson, we regularly defend clients charged with DUI vehicle owners and other DUI-related offenses. Many individuals are unaware of this charge until they face prosecution, making legal guidance essential.

Why Legal Representation Is Crucial in DUI Cases

A DUI vehicle owner charge or any other DUI-related offense can lead to serious legal and financial consequences. Many individuals are unaware they can be held responsible even if they are not driving, which makes it critical to have an attorney who understands Tennessee law and how to challenge these charges effectively. It’s also important to note that you need a different attorney than the driver, as your legal strategy and defense may be at odds with the driver’s best interests. 

A Nashville, TN, DUI lawyer can analyze the details of your case and identify the best legal options available. With the right defense strategy, charges may be reduced or even dismissed. Legal guidance is key to protecting your record, driving privileges, and future. Learn more about your rights and possible defenses by visiting our DUI defense practice area.

Get the Right Defense for Your DUI Case

The Law Office of Bryan Stephenson defends individuals facing DUI-related charges, including DUI vehicle owners, public intoxication, and open container violations. Many people assume they cannot be legally responsible as passengers, but Tennessee law allows for prosecution in specific situations. If you have been charged, seeking legal representation as soon as possible is critical.

A DUI lawyer in Nashville, TN, can assess your case and provide the necessary defense. Our firm has successfully defended clients across Middle Tennessee. Contact us today to discuss your case and take steps to protect your rights.