Woman Reports Herself for Driving Drunk :: Tennessee Criminal Lawyer Blog

A Wisconsin woman recently took the idea of “doing your civic duty” to a whole new level. Noticing that there was a drunk driver on the road, the woman immediately called to report the offender to emergency services. The 911 operator was shocked to find that the woman reported that the drunk driver was none other than herself, responding to the question of, “Are you behind them?”, with the reply of, “I am them.” The dispatcher recommended the woman pull over, and she obliged. She was later charged with driving drunk and operating a vehicle with a blood-alcohol level of .1 or more. While her voluntary confession did not result in her being able to avoid the charges altogether, it may aid her in obtaining a more lenient punishment from the court.

In Tennessee, a person can be charged with driving under the influence under T.C.A. section 55-10-401 if they are operating an automobile or other motor-driven vehicle while:

“Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or

The alcohol concentration in the person's blood or breath is eight-hundredths of one percent (.08 %) or more.”

While self-reporting may not help you avoid a DUI charge in Tennessee, it can help mitigate the penalty imposed for the offense. The penalties for DUI in Tennessee range from misdemeanors to serious felony charges based on the circumstances surrounding the offense and the number of times a particular offender has been arrested for driving under the influence. Thus, a DUI conviction can be accompanied by stiff consequences, such as a decade or more of imprisonment.

The act of turning oneself in, however, can help to garner an offender a punishment at the lower end of the applicable sentencing range or below. Tennessee law contains a list of mitigating factors that can serve to lessen an offender’s punishment, and although voluntarily turning oneself in is not specifically listed as a mitigating factor, there is a catchall factor to which it could potentially apply given the circumstances of the case. The bottom line is that it is always a good idea to do whatever you can to avoid driving drunk, including turning yourself in as the woman did in the case described above, rather than continuing to drive and risking serious injury to yourself and others.