When most people think of a DUI charge in Tennessee, they imagine someone getting behind the wheel after drinking too much. But did you know you can be charged with DUI even if you weren’t driving at all?
Under Tennessee law, allowing an intoxicated person to drive your vehicle can carry the same criminal penalties as driving under the influence yourself. This lesser-known offense is called DUI by allowing, and it surprises many drivers who believe they’ve avoided consequences by letting someone else drive their vehicle. If that person is impaired and you knew it, you could find yourself facing serious legal penalties—even if you were sober the entire time.
In this guide, we’ll explain what DUI by allowing really means under Tennessee law, who can be charged, and why it’s important to take this charge seriously.
What Is DUI By Allowing?
Under Tennessee Code Annotated § 55-10-401, it is illegal not only to drive under the influence but also to knowingly allow an impaired person to operate a motor vehicle you own or control. The law is based on the principle that individuals who have authority over a vehicle have a legal duty to prevent impaired driving when it is within their control. That means if you hand over your keys to someone you know—or should know—is under the influence of alcohol or drugs, you could be held legally responsible for any resulting DUI.
The key word in the statute is knowingly. To secure a conviction, the prosecution must prove that:
- You had authority or control over the vehicle; and
- You knew or should have known the person was impaired.
For example, if you knowingly let your intoxicated friend drive your car home from a bar, you could be charged—even if you were a passenger or stayed behind. This law aims to reduce DUI incidents by holding more people accountable and discouraging reckless decisions about who gets behind the wheel.
Who Can Be Charged with DUI By Allowing?
Anyone who has custody, control, or authority over a vehicle can be charged with DUI by allowing if they permit an impaired person to drive. Here are a few examples of who might be held liable under this law:
- Vehicle Owners: If you own the car and knowingly let someone intoxicated drive it, you’re directly responsible—even if you’re not present when it happens.
- Friends or Family Members: You don’t have to own the car. If you’re borrowing a vehicle or just have control over it (for example, you were handed the keys), and you give them to an impaired driver, you could still face charges.
- Employers or Supervisors: If a company vehicle is involved and someone in a supervisory role allows an impaired employee to drive, they may also be at risk of criminal liability.
Let’s say you’re at a party and your friend is clearly intoxicated. If you give them your keys and they get behind the wheel, you could both be charged with DUI offenses—even though you never stepped foot in the car.
DUI by allowing charges serve as a reminder: if you have control over a vehicle, you also have a legal responsibility to ensure it’s operated safely and legally.
Legal Elements the State Must Prove
To convict someone of DUI by allowing in Tennessee, the prosecution must prove more than just poor judgment. There are specific legal elements that must be established beyond a reasonable doubt:
- Control Over the Vehicle
The accused must have had legal authority, possession, or control over the vehicle. This includes not only owners, but also lessees, borrowers, or anyone temporarily entrusted with the vehicle. - Knowledge of the Driver’s Impairment
The state must show that the person knew or reasonably should have known that the driver was under the influence of alcohol or drugs. This is often the most contested part of the case. For example, if the driver appeared visibly intoxicated or admitted to drinking, prosecutors may argue the accused knowingly allowed them to drive. - The Driver Was Intoxicated
Finally, the underlying DUI must be proven. The state must establish that the person who was allowed to drive was legally impaired under Tennessee law (typically a BAC of 0.08% or higher, or impairment due to drugs).
Each of these elements must be met. If the defense can raise reasonable doubt about any one of them—such as whether the accused truly knew the person was impaired—the prosecution’s case could fall apart.
Penalties for DUI By Allowing in Tennessee
If convicted of DUI by allowing in Tennessee, you face the same penalties as if you had committed a DUI yourself. These consequences are serious and can have long-lasting effects on your personal and professional life. Potential penalties for DUI by allowing include:
- Mandatory Jail Time:
A first offense requires a minimum of 48 hours in jail, and more if aggravating factors are present (such as a high blood alcohol content or involvement in an accident). - Fines:
You could face fines ranging from $350 to $1,500 for a first offense. - Driver’s License Suspension:
Your driver’s license could be suspended for one year on a first offense, even if you weren’t the one actually driving. - Ignition Interlock Device:
The court may require you to install an ignition interlock device on any vehicle you drive once your license is reinstated. - Probation and Alcohol Education Programs:
Probation periods and mandatory participation in alcohol safety programs are also common components of sentencing.
The collateral consequences are just as damaging, including increased insurance premiums, a permanent criminal record, potential job loss, and restrictions on future employment opportunities—especially those requiring driving privileges.
In short, a DUI by allowing conviction can disrupt nearly every aspect of your life, making it crucial to take these charges seriously and seek experienced legal representation.
Common Defenses to DUI By Allowing
Facing a charge of DUI by allowing can feel shocking and overwhelming, but several effective defenses may be available depending on the facts of your case. A skilled DUI defense attorney can challenge the prosecution’s evidence and help protect your rights. Some common defenses include:
- Lack of Knowledge:
One of the strongest defenses is that you did not know and could not reasonably have known that the driver was impaired. If the driver did not appear intoxicated or if you had no reason to believe they had consumed alcohol or drugs, this can significantly weaken the prosecution’s case.- Lack of Training: This is the strongest defense we utilize because officers love to talk about all their training in DUI detection through the National Highway Traffic Safety Administration (NHTSA). It takes officers conducting field sobriety tests and looking for specific clues during the vehicle in motion and personal contact phase to conclude a driver was impaired. Yet, an individual who is not trained in DUI detection can be held liable for allowing an individual to operate their vehicle. How does that make sense? It does not. So, we get officers to admit how it is difficult to conclude someone is under the influence without such evidence.
- No Control Over the Vehicle:
If you did not actually have authority or custody over the vehicle at the time, you cannot be held responsible. For example, if you were merely a passenger and had no control over the vehicle, you may have a strong defense. - Challenging the Underlying DUI:
If the driver’s intoxication cannot be proven—for instance, if the field sobriety tests were improperly administered or breathalyzer results are unreliable—the DUI by allowing charge may collapse along with the primary DUI charge. - Mistaken Identity or Misunderstanding:
In some cases, law enforcement may misunderstand the situation. Witness testimony or surveillance footage could show you never authorized or allowed the impaired person to drive.
Each case is unique, and crafting the right defense requires a careful analysis of the facts, the evidence, and Tennessee DUI law. This is where having an experienced legal team makes all the difference.
Why You Need a DUI Defense Lawyer
A charge of DUI by allowing may seem less severe than a traditional DUI, but the penalties—and the long-term impact—are just as serious. Because this charge hinges on the prosecution proving what you knew or should have known, there’s significant room to challenge the case with the right legal strategy. An experienced DUI defense attorney can help by:
- Analyzing the Evidence:
Your lawyer will scrutinize the state’s evidence to identify weaknesses, such as a lack of proof that you knew the driver was impaired or that you had control over the vehicle. - Protecting Your Rights:
From unlawful searches to improper questioning, a skilled attorney will ensure your constitutional rights are protected throughout the legal process. - Negotiating with Prosecutors:
In some cases, charges may be reduced or dismissed altogether through pre-trial negotiations—especially if the facts are unclear or your record is clean. - Building a Strong Defense:
Your lawyer can present alternative explanations, introduce witnesses, and challenge the credibility of the state’s claims.
At Barnes and Fersten, we understand the complexities of DUI by allowing charges. Our legal team has a proven track record of successfully defending DUI cases throughout Knoxville and East Tennessee. We’ll guide you through the process and fight aggressively to protect your freedom and your future.
Get Help For Your DUI Charges Today
DUI by allowing is a serious criminal offense in Tennessee that carries the same penalties as driving under the influence—even if you never touched the wheel. At Barnes and Fersten, we understand how stressful and confusing these charges can be. We’ve helped countless clients throughout Knoxville and East Tennessee navigate DUI cases and protect their rights. If you or someone you know is facing a DUI by allowing charge, don’t wait—call us at 865-805-5703 or fill out our contact form today for a free consultation.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
