To be fairly represented in an DUI case no matter if its your first offense or if youre a repeat offender you need an experienced, trained lawyer who clearly understands the laws and the court system. A DUI is a misdemeanor in Tennessee, specifically a class A misdemeanor; however, the fourth DUI conviction, is a class E felony. In Tennessee, a person convicted of DUI usually has the license revoked, even as a first-time offender. Tennessee DUI Laws, Fines & Penalties | Legal Beagle Tennessee DUI Laws & Penalties - DUI Process judge may order you to have an ignition interlock device installed in your car. Is it possible to face jail time for a first-offense DUI in Tennessee? If this is your second DUI offense, you will face a 2-year license revocation. Tennessee DUI & DWI Laws & Enforcement | DMV.ORG Steve Whiston - Fallen Log Photography/Moment/GettyImages, What to Expect From aFirst OffenseOWIinMichigan: Laws, Penalties & Charges, Tennessee Department of Safety and Homeland Security. Feel free to call our team at 901-526-9494 or send us a message about your case. A judge could also order the offender to complete a substance abuse program. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 2023 Chiozza Law Firm All Rights Reserved, Tennessee Department of Safety and Homeland Security. However, a first offense DUI can be enhanced to a felony offense if the offender has a prior DUI conviction or if the offender's blood alcohol content (BAC) is .20% or higher. One of the most common questions we receive from clients is about potential jail time. On the other hand, DWI means driving while intoxicated, and in some states, DWI is the designation for drunk driving. In Tennessee, DUI carries significant penalties. Once that period is over, you can reinstate your license after satisfying any court-ordered requirements, retaking your drivers examination, installing an ignition interlock device, and paying reinstatement fees. However, if your BAC was .20 or higher, your minimum sentence increases to 7 days. Based on driving history and previous offenses, the jail time, fines, and additional requirements are as follows: 1st Offense - Up to 11 months 29 days in jail, $350-$1000 in fines, DUI School and/or Victim Impact Panel, and possible Ignition Interlock Device (IID). Yes, if you are found guilty of or plead guilty to a DUI, the crime lives on your record for 10 years in the state of Tennessee. For a 4th offense or subsequent DUI offenses, you will be charged with a Class E felony and may face: A driver's license suspension/revocation for 8 years. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Tennessee and has worked out a special discount only available here for our website visitors. She holds a B.A. Subscribe to our News and Updates to stay in the loop and on the road! DUI charges reduced to reckless endangerment, or reckless driving can be eligible for expungement. A driver's license suspension/revocation of 1 year. A first DUI offense carries mandatory jail time of 48 hours, a fine of $350-$1,500, and the revocation of your driver's license for one year. A fine not less than $350.00 nor more than $1,500.00 will be imposed in addition to court costs. Fines. The program helps individuals who want to have their driver's license reinstated or are court ordered to participate in a DUI school program. TENNESSEE.STATERECORDS.ORG IS A PRIVATELY OWNED WEBSITE THAT IS NOT A first time offender will have their license suspended for 1-year plus they will have to pay a $250 fine. A DUI offense in Tennessee can be very expensive (even as a 1st-time offender). In this case, the offender's vehicle is equipped with an ignition interlock device to monitor or restrict their driving while intoxicated. Tennessee DUIlawcode 55-10-401states that it is against the law for any person to drive a motor vehicle in the state of Tennessee while they are under theinfluence of alcohol or drugswith a blood alcohol concentration level of .08% or greater. Additionally, if this is your third DUI offense, you will be subject to a 6-year driver's license revocation. Recognize that if you have been charged with a DUI, we strongly advise hiring a DUI lawyer to represent you in your coming case. Anyone between the ages of 16 and 18 who is found to have consumed alcohol or drugs and has a BAC level of .02% or greater is guilty of committing a Delinquent Act and will have their drivers license suspended for 1-year and will have to pay a $250 fine. A first offense of driving under the influence (DUI) is classified as a class A misdemeanor, with penalties ranging from 48 hours to 11 months in jail and fines ranging from $350 to $1,500. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. DUI stands for 'Driving Under Influence' while DWI means 'Driving While Intoxicated or Impaired'. Yes, you may not be legally drunk under the normal BAC legal level, but you are underage, which is why the arrest is made despite a lower BAC level. You must go through the proper steps with the Tennessee Department of Safety. 2 times in 5 years, you will be required to pay for an ignition interlock device and keep it in your vehicle for 6 months after you reinstate your TN driver's license. Offenders under 21 are charged with a DWI, while a DUI charge is given to a person above 21. You will be fined $600 up to $3,500. Driver's license application fees and tests. First-time Tennessee DUI offenders face jail time of between 48 hours to 11 months. Also, all conditions of probation must be satisfied. Legal Beagle: How to Know If a DUI Is on Your Record. A TN driver's license suspension/revocation for 1 year. to State, County and Municipal Public Records, Tennessee Department of Safety and Homeland Security, Tennessee Code Annotated section 40-32-101(G). In Tennessee, a first- time DUI offense is a misdemeanor. The crime is a serious offense that places all others on the road in danger. Can I refuse to take a blood alcohol concetrationtest? Tennessee DUI laws prohibit motorists from driving a vehicle or being in physical control of an automobile or any motor-driven vehicle if: Tennessee laws consider a person to be 'under the influence' if they are impaired to the extent their ability to safely operate a motor vehicle is affected. While a first offense DUI is a misdemeanor in the state of Tennessee, it can cost a convicted driver considerable money and time in penalties. Navigating Tennessee's DUI laws: A guide for first-time offenders DUI Laws in Tennessee | DUI Cheat Sheet Underage drivers with a BAC of 0.08 percent or higher face slightly different penalties to those of a standard DUI. Tennessee's DUI Laws and Conviction Penalties - Driving Laws This will permit the driver to operate a vehicle for work, school, or health, but this is also issued with an order that an Ignition interlock device is used during the suspension period to regulate the driver's movement. This is a Class A felony in the state. According to the Tennessee Department of Safety and Homeland Security, a first-offense DUI is a misdemeanor. A third DUI in Tennessee is also considered a misdemeanor that carries a minimum of 120 days of jail time and a maximum of 11 months and 29 days of jail time. A judge could also order the offender to complete a substance abuse program. If you have a question, we know the answer. There is a special insurance premium an offender will have to pay upon obtaining a restricted license known as SR-22, and this cost varies based on circumstances but can begin from $50. In addition: These fees do not exempt an offender from jail time or substantial financial penalties, as these fees are for reinstatement and alcohol monitoring. A successful reduction will often result in the avoidance of jail time, loss of driving privileges, and other reduced penalties. DUI Offenses - Tennessee 55-10-403 (2007). First time offenders will be eligible for a restricted license if they meet therequirementsfor one. In the state of Tennessee, if you operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or greater, you will be charged with driving while under the influence (DUI). First DUI Offense in Tennessee - TN Penalties and Fines A pre-trial release fee, public service work fee, alcohol safety school, and a restricted license fee of $35, $132, $270, $67, respectively, are also charged. The court will prohibit a convicted person from driving a vehicle in the state of Tennessee for a period of one year. And that's just naming a few. in Communications and English from Niagara University. If you are under 21 and are arrested for having a BAC level of .08% or greater you will be facing the same fines and penalties as someone over 21 would face for the same offense except that a person under 21 will only be facing a 24-hour jail sentence for a first offense instead of the minimum 48-hours for someone over 21 years of age will face. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 57-5-301), Drug Free Youth Act Offenses (Ages 13 17) T.C.A. This blog is intended to provide some basic information about the DUI process in Tennessee. Since your arrest means that you displayed probable cause for driving under the influence, Tennessees implied consent law states that you consent to taking one of the BAC tests blood, breath or urine. Tennessee first offense DUI offense penalties include: Between 48 hours and 11 months in jail Up to a year-long license suspension Between $350 and $1,500 in fines Enrollment in DUI school SR22 insurance requirement The installation of an ignition interlock device You should never try to fight a DUI charge on your own. If you are convicted of DUI you will be subject to license suspension or revocation. Is in possession of a noncommercial license and has a BAC of 0.08 percent or greater. A first-offense DUI (driving under the influence) conviction in Tennessee generally results in a fine, driver's license suspension, and a few days in jail. Requirement of an SR-22 for several years after conviction. If youve recently been charged with DUI, youre probably feeling a mix of emotions confusion, frustration, and perhaps even fear. What's the legal blood alcohol concentration in Tennessee? The offender may also be subject to community service. According to the states implied consent law, a driver gives consent to chemical testing the moment they get behind the wheel on Tennessee's roads. With detailed guidelines paired with a focus on balance, intoxicated drivers may struggle to perform well. Contact us now for more information or to schedule a free consultation. A number of factors can affect sentencing, but this article address the minimum and maximum penalties and consequences for a first DUI in Tennessee. While driving a commercial vehicle, they have a BAC of 0.04% and above. No, you are not legally required to perform any field sobriety test in Tennessee. And even as a first offense, a DUI can become a felony if certain circumstances are in place, such as serious injury or death caused by the driver's impairment. The officer asks you to watch a finger or pen as it moves. It can also have a significant effect on your criminal record and your ability to remove charges from your record in the future. How do I get my driver's license back after a DUI? Tennessee First Offense DUI Penalties Penalties for a first offense DUI in Tennessee include, but are not limited to: 48 hours in jail $350 to $1500 in fines 1 year revocation of your driver's license Restitution payments, if applicable 6 month ignition interlock requirement Court costs SR22 insurance requirement If the vehicle operator has at least two prior DUI convictions, a prior vehicular assault or homicide conviction, or a prior DUI with a BAC of 0.20 percent or higher, they face a Class A felony charge. Five years must have elapsed since completing the sentence imposed on an offender. In Tennessee, DUI carries significant penalties. Before the Tennessee DOS will reinstate your license following your revocation period you will be required to show proof of financial responsibility in the form of aTennessee SR22policy that meets the states minimum auto insurance liability coverage limits. However, if your DUI conviction involved an accident in which a person was killed or suffered serious bodily injury, you will not be eligible for a restricted license. In Tennessee, a driver is considered a second DUI offender when the driver has one prior DUI conviction within the past ten years. It can also affect the offender's ability to get a job, go to school or apply for a loan, which can, in turn, hinder their ability to rent or buy a residence. Like many aspects of a DUI arrest, each case is unique and warrants its own timeline. First Offense DUI in Tennessee - Shipman & Crim, Attorneys At Law Ignition interlock device. How can I get my driver's license back after a DUI in Tennessee? In Tennessee, DUI refers to driving under the influence of an intoxicant; in this case, the intoxicant may be alcohol, illegal drugs, or prescription medication. A mandatory fine of $1100 to $10000 is required of the offender, and the driver's license is revoked for six years with the forfeiture of the vehicle. First-time DUI offenders in Tennessee may be issued a work-release while still serving jail time, while some areas may permit the offender to complete 400 hours of community service in place of the 48 hours and 7-days jail minimums. As usual, a DUI offender must complete a substance abuse program and could be ordered to wear an alcohol-monitoring ankle bracelet. You may also be required to have an ignition interlock device (IID) installed on your vehicle when your license is reinstated or if you are eligible for a restricted license. 1st Time DUI Offender .08 (BAC) [55-10-401] [55-10-403] 48 hours up to 11 months, 29 days for offenders in violation of 55-10-401 .20 BAC or greater minimum jail time 7 consecutive days License revocation for 1 year - Restricted License available You will be ordered to participate in an alcohol and drug treatment program Tennessee's Felony DUI Penalties. These penalties are some of the highest in the state and include up to 60 years in prison and a fine of up to $50,000. You are asked to follow only with your eyes and not your head. Offenders may also be required to install an ignition interlock. In some cases, however, a first-time DWI offender can get a DWI charge reduced to a DUI charge instead. A second offense violation while carrying hazardous materials will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again. The penalties for a first-time DUI offense include jail time of between 48 hours to 11 months, mandatory fines, suspension of driver's license for one year, and community service. For a 3rd offense of a DUI, you may face: 120 days to 11 months and 29 days in jail. Before the Tennessee DOS will reinstate your license following your revocation period or issue you a restricted license you will be required to show proof of financial responsibility in the form of aTennessee SR22 insurancepolicythat meets the states minimum auto insurance liability coverage limits. can help you protect your driving privileges. For example, although a DUI conviction is currently not eligible to be expunged, a reckless driving is eligible to be expunged five (5) years after you complete the six (6) month probationary period. If there was any property damage or injuries to other people resulting from an accident you will be required to pay restitution.DUI class:You will be required to attend a stateapproved DUI Classas a first time offender.Test refusal:A first offense will result in a 1 year license revocation. The first three DUI convictions will have a maximum amount of jail time of eleven months and twenty-nine . DUI Schools in Tennessee The distinguishing factor between a DUI and a DWI are the substances that the offending motorist ingested before their arrest. We have the expertise and experience to partner with you through the process. For instance, if you have a documented BAC of 0.20% or greater, you will face mandatory jail time . Notwithstanding, persons within 18-20 can be charged with either one. Your license can be revoked for one year. Legal Beagle: How to Get a DUI Removed From Your Driving Record, Legal Beagle: How to Know If a DUI Is on Your Record. If this was a fourth or subsequent DUI conviction with two of your prior convictions occurring within the past 5-years you will be required to have the ignition interlock for an additional 6 months following the reinstatement of your license following your revocation period. 55-10-701, Underage Possession of Alcohol (Age 18 -21) T.C.A. If you are younger than The implied consent law does not apply to field sobriety tests. I could not be happier with the settlement I received in my auto accident. Notwithstanding, other factors such as the presence of a child passenger in the car could aggravate the circumstances and likewise affect presumptive amounts. Speak with a state-approved provider, Intoxalock, Locate an installation center near you - get a quote for pricing. How to Get a DUI Removed From Your Driving Record, Tennessee Dept. Before the Tennessee Department of Safety will reinstate your license following your suspension or revocation period, they will require you to file an SR22 form with them before issuing you a new license. Tennessee's DUI Enhancement for High Blood Alcohol Levels. However, the amount is $2000 for a felony DUI charge, from a fourth DUI charge and above. Similarly, some offenses such as reckless driving are eligible for something called judicial diversion. The best way to find a checkpoint in Tennessee is through mass media outlets such as TV, radio, PSAs ( Print Service Announcements), billboards, and brochures, as over the years, they have been heavily publicized on these platforms. Your reinstatement requirements may vary depending on the circumstances of your DUI, but will typically involve: Other fees may apply based on your unique circumstances. A second DUI offender could be charged with a minimum jail time of 45 days with a possible maximum jail time of 11 months, 29 days with a two-year license suspension. If there was any property damage or injuries to other people resulting from an accident you will be required to pay restitution.DUI school:You will be required to attend a state approvedDUI classas a third time offender.Vehicle forfeiture:Third time offenders may be subject to having theirvehicle seizedand forfeited to the state.Test refusal:A third offense refusal will result in a 2 year license revocation. 1999 - 2023 DMV.ORG. For a 3rd offense of a DUI, you may face: 120 days to 11 months and 29 days in jail. For more updates, visit The Chiozza Law Firm, on Facebook, and on Twitter. In the unfortunate event that you have been charged with DUI, it is imperative to retain the legal services of one of our adept and skilled team members. It is illegal to drive or be in "actual physical control" of a motor vehicle when the vehicle operator: Read More: The Pros & Cons of a Standard DUI. If you have prior DUI convictions, those are counted against you if you face another DUI offense. Here, the officer is testing your ability to balance and your endurance. Should a person receive a fourth DUI then that offense would be classified as a Class E felony. One of the terms of a restricted license is that you can only operate a vehicle when using an IID. Jail time of 45 days to 11 months and 29 days in jail. Its important to remember that each case is unique, and the outcome will depend on the specific facts and circumstances of your situation. Third DUI Offense. Mandatory 7 days in jail if BAC is over .20%. In Tennessee, a first DUI offense is considered a Class A misdemeanor charge.