Q: Is a person allowed to have the vehicle picked up by owner if gets dui in tn.
My son got a dui in my truck. He asked if I could pick it up. It was walking distance for me. It was denied. It cost me 250 to get out. Just to towe a few miles. What are the laws
A: No law requires the LEO to accommodate the driver offender. If you talk the LEO in letting someone pick up car, fine, but it is not required.
Yes, the Tennessee Supreme Court has actually held that a police officer must provide an individual the opportunity to make their own arrangements for their vehicle rather than inventory search the vehicle and tow it in a case called Drinkard. However, this issue only becomes relevant as far as any evidence obtained during the search such as illegal drugs or empty alcohol containers to suppress the evidence from being used against your son. The reason for this law is to prevent officers from circumventing the warrant requirement for a search by alleging it is an inventory search.
Unfortunately, as far as the expense of the tow goes, there is no recourse or way for you to receive the $250 back that you had to pay to the towing company.
I recommend retaining a DUI attorney to represent your son.
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