DUI DWI difference

Business 1 views 5 answers
My son was arrested for DUI (in Knox County) but claims that while he was passed out drunk in the backseat someone else was driving his car. Why was he arrested also? He is also on probation and his probation officer is going to report to the court that he broke the rules of his probation.

Attorney Answers

5
John Clark ·
If he was the owner of the vehicle then he could have recieved a DUI by consent for allowing another person that was intoxicated to operate his vehicle. You Son needs to obtain legal counsel as soon as possible regarding this.
0 upvotes
Thomas Overton ·
If you are the owner of a vehicle and the driver is charged with dui then You will be arrested for dui owner which has the same penalties as if you were driving the vehicle.Since he has been charged with a new offense,his probation officer will notify the court.The reason being that this is a violation of his probation by getting a new arrest. I think your son needs to hire a quality attorney as soon as possible because I think he has an excellent defense to the charge just based upon the small information I have been supplied about the case.I would recommend Jose Garcia in the Knoxville area and tell him I recommended him to you. Good Luck!
0 upvotes
Stephen Sauer ·
Hire a defense attorney for your son. As attorney Overton said, your son can be charged for allowing another intoxicated person to drive his car. Also, if your son was found in control of the vehicle with keys on his person, even if he wasn't driving, he could be considered in control of the vehicle and be charged.
0 upvotes
Jeremyevan Alva ·
Hire a lawyer. I'm sure your son did not give permission to a drunk person to drive his car, that the person was driving the vehicle without his permission. Hire a lawyer.
0 upvotes
R Brown ·
As my colleagues have explained it is most likely that he has been charged with a DUI by consent. Unfortunately being charged with a crime is enough to trigger a violation of probation, and there is also the possibility that a condition of his probation is that he not be use any intoxicants. You should seek out an attorney as soon as possible.
0 upvotes

People Also Asked