On May 17, 2018 a Greene County deputy’s cruiser was hit by a woman driving a 2015 Dodge minivan. The incident took place in Telford, Tennessee when Angela Gillis, 45, collided with the cruiser on US Highway 11E at about 2 AM.

At the time the crash occurred, the deputy and his partner were transporting a minor inmate to receive medical attention. Gillis was attempting to execute a left turn, but failed to yield to the deputy driving the opposing direction. As a result, the minivan crashed into the cruiser, impacting the side of the car and the left front tire, propelling the police vehicle off the roadway into a field.

Although Gillis was charged with driving under the influence (DUI) and failure to yield, Larry Lowe, 57, a passenger in her vehicle at the time, was also charged with DUI by consent.

Getting a DUI as a passenger in the car

In Tennessee, you do not have to be driving in order to be arrested for DUI on your first, second, or third offense. Simply allowing another person you know to be intoxicated drive the vehicle can land you a DUI by consent charge (sometimes referred to as DUI by proxy). This often occurs when the allegedly intoxicated person is operating a motor vehicle while the owner of the vehicle is riding in the car as a passenger. The concept behind DUI by consent is that a passenger who allows an intoxicated person to drive a vehicle is just as guilty as the driver who is intoxicated.

During one of these DUI stops, often the police can place significant pressure on the driver to admit their state of intoxication. The passenger in this scenario is placed in a tough position, and may find it difficult not to admit to DUI by consent. In certain scenarios, a vehicle owner may be charged with DUI by consent and not even be present in the vehicle at the time of the stop. The reason prosecutors push for these “DUI by consent” charges is because Tennessee Code section 39-11-402 allows punishment of another for criminal responsibility. The law punishes another if “[a]cting with intent to promote or assist the commission of the offense, or to benefit in the proceeds or results of the offense, the person solicits, directs, aids, or attempts to aid another person to commit the offense.” Thus, assisting another in DUI by allowing them to drive your vehicle qualifies as criminal conduct for which you can be held responsible.

The punishment for DUI by consent is the same as a standard DUI in Tennessee. For a first offense you may face 48 hours in jail and the loss of your driver’s license for one year.

At Delius & McKenzie, PLLC, our experienced Sevierville DUI attorneys can evaluate every aspect of your DUI by consent charge. We have successfully represented many clients in various DUI scenarios. Our team can fight on your behalf to mitigate or eliminate the potential consequences you are facing. To set up a free, complementary consultation call us today at 865-428-8780, or fill out our contact form. We serve clients in Sevierville, Pigeon Forge, Seymour, Gatlinburg, and the surrounding areas.