Over Reaching - DUI by Consent

It’s not unusual for the state to over reach its supposed bounds, unfortunately, and here’s an recent instance of just such an over reach.

Ravens quarterback Steve McNair was arrested late Wednesday in Nashville, Tenn., on a charge of driving under the influence, even though he wasn’t the one driving.

How can this be, one might wonder?  Here’s how.

Under Tennessee law, it doesn’t matter if McNair was drinking, only if the driver was impaired. If convicted, McNair faces a maximum sentence of 11 months, 29 days in jail.

This aspect of Tennessee’s law is also a stretch.

The law can be applied to the owner of a vehicle whether the owner is in the vehicle or not during the DUI stop. It also can be applied to a passenger who does not own the car. The penalties for “DUI by consent” are as severe as those for DUI.

Though I would not ride as a passenger in a car with an individual who is overly under the influence, I think Tennessee’s “DUI by consent” law is an over reach of the state’s powers, especially when you consider that the law could be applied to you whether your in the vehicle or not, if it’s your vehicle the cops have pulled over with an alleged drunk behind the wheel.

Passenger McNair charged under DUI law

Posted by on 05/12 at 04:49 AM

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