Law enforcement officers investigating a potential crime make important decisions about who to arrest. At the scene of a suspected DUI an officer may decide to arrest and charge both the driver and passenger of a vehicle with the offense of Driving Under the Influence. Depending on the circumstances, an officer may choose to only arrest the driver of the vehicle if the officer suspects DUI.
The state prosecutor, however, is not required to follow the officer’s decisions. After an arrest is made, a prosecutor may learn of additional facts, like the ownership of the vehicle involved in the crime. In response to this knowledge, a prosecutor may issue additional arrest warrants for uncharged defendants or increase the severity of the charges.
In most DUI cases, the prosecutor has one year from the date of the offense to bring charges – the statute of limitations for Tennessee misdemeanor offenses. For more serious DUI-related offenses involving multiple offenses, bodily injury, or death, the prosecutor may take up to 15 years to bring charges.
The criminal defense attorneys at Oberman & Rice are able to provide advice and counsel both before and after arrest. Should you have any questions about a Tennessee DUI issue, you may contact Steve and Sara by calling (865) 249-7200. Our Tennessee DUI website, provides additional information about the crime of DUI and its associated penalties.
[Source: Tenn. Code Ann. § 40-2-101 & § 40-2-102]
