You will also have to pay a license reinstatement fee to the Department. The distinguishing factor between a DUI and a DWI are the substances that the offending motorist ingested before their arrest. If you have only been charged, but not yet convicted of DUI, its important to speak with a qualified DUI attorney to determine what defenses you have and whether you may be able to avoid a conviction. However, if there are any aggravating factors the judge could find it appropriate to grant additional penalties, including extra time added to your suspension or revocation period. A Tennessee second offense DUI conviction is a Misdemeanor offense and carries the following penalties: Jail time:A second offense conviction will result in a minimum jail sentence of 45 days up to a maximum jail sentence of 11 months and 29 days.Fines:The fine amount for a second offense will be between $600 to $3,500 plus associated court costs. 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 minimum cost for an IID for a year is $1,000. At Barnes & Fersten, we understand the complexities of the DUI process and can help you explore your legal options. All Rights Reserved. Copyright 2019 Barnes & Fersten. With detailed guidelines paired with a focus on balance, intoxicated drivers may struggle to perform well. Technically, a Tennessee DUI stays on an offender's record for life. Submitting to a chemical test is required by the TennesseeImplied consent law. You will be fined $600 up to $3,500. Recognize that if you have been charged with a DUI, we strongly advise hiring a DUI lawyer to represent you in your coming case. 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. Attendance in a substance abuse treatment program. Normal traffic stop, right? 48 hours to 11 months and 29 days in jail. License revocation of one year. Repeat DUI offenders in Tennessee are typically mandated to attend an alcohol treatment program and may have their vehicles seized as well. 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. This goes up to three years if the driver is arrested while transporting hazardous materials. A judge can allow a first offender to serve jail time under work releasemeaning, the person can continue working during the day and return to jail each night. Similarly, some offenses such as reckless driving are eligible for something called judicial diversion. The penalties for a DUI/DWI in Tennessee are heavy. On suspension of a driver's license, the judge could also order the forfeiture of the vehicle used in the DUI. We are dedicated to protecting your rights and advocating for your best interests. According to the Tennessee Department of Safety and Homeland Security, a first-offense DUI is a misdemeanor. 55-10-406, Drug Free Youth Act Offenses (Ages 13 17) (T.C.A. Several possible aggravating factors include the following: However, you may be subject to DUI penalties without going over the 0.08 percent BAC level when taking in other considerations of your offense. On this page you'll find the definition of a DUI, the penalties a DUI carries, and the steps you may need to take to reinstate your Tennessee driver's license. Should be simple, right? Requirement of an SR-22 for several years after conviction. Tennessee has some of the strictest DUI laws in the country, and the penalties for a first time DUI can be severe. Minimum first year costs could exceed $1,000.00, If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense, Drug and Alcohol Treatment may be required at the judge's discretion, License revocation for 2 years/Restricted License available, You will be ordered to attend an alcohol and drug treatment program, Ignition Interlock Device installed at your expense, Pay restitution to any person suffering personal injury or loss, License revocation for 6 years/Restricted license available, 1 Year (365) days of jail time with a minimum of 150 consecutive days served, License revocation for 8 years/Restricted license available, License revocation from 1 to 5 years according to number of prior offenses, Jail time 2 to 12 years according to range [40-35-112], No restricted driver license is available, Class D felony if child suffers serious injury [55-10-403] [40-35-112], Fatal crash caused by DUI with .08 BAC or more, License revocation for 3-10 years/NO restricted license available, If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault convictions or, (c) any combination, A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense, $50 fee if filing of financial responsibility (SR-22) is required, $75 fee for failure to surrender driver license may be required, Required to apply for valid license & pay appropriate driver license fee, $3 certification fee if violation occurred in Tennessee, License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days, License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year, Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted, License revocation for 1 year/No provision for restricted license. A second DUI offense is a felony and is punishable by a fine of $3,500-$10,000, mandatory jail time of 45 days-11 months and 29 days, and the . Great firm and people. Enter Your Zip Code to Connect with a Lawyer Serving Your Area, Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. A second CDL DUI offense will result in your CDL being revoked for life. You will also have to pay a license reinstatement fee to the Department. Offenders between the ages of 16 to 20 will see a one-year license revocation, a $250 fine and may have to perform community service. When an officer stops someone on suspicion of DUI in Tennessee, the officer is already starting to build a case against that person by observing their driving patterns prior to initiating the DUI stop. If you are under the age of 21 and are found to have a BAC level of 0.02 percent while driving, the officer can arrest you for a DUI. They will also be required to pay restitution to any person suffering physical injury or financial loss, as well as a fine of $350-$1,500. It should also be noted that a person could still be arrested for driving under the influence in Tennessee even if their blood alcohol concentration level is below the legal limit of .08% just by displaying signs that are consistent with a person who is under the influence of alcohol or drugs. DUI law is complicated and the facts of each case are different. 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. 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. Also, all conditions of probation must be satisfied. of Safety and Homeland Security: DUI Offenses, NOLO: Tennessees Underage DUI Laws and Penalties, NOLO: Tennessee Drunk Driving Laws and Penalties, Legal Beagle: Tennessee DUI Laws, Fines & Penalties, Legal Beagle: The Pros & Cons of a Standard DUI, Legal Beagle: How to Check Driver's License History. According to Nolo, Tennessee has a separate statute for underage drivers who have a lower BAC of between 0.02 and 0.08 percent. Let us assist you every step of the way. The crime is a serious offense that places all others on the road in danger. Tennessee states that driving with a blood alcohol concentration (BAC) level over 0.08 percent is considered driving under the influence. 200 Jefferson Ave #1250 0.08%. 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. A judge could also order the second-time offender to do community service and to be released on probation after serving a minimum jail time sentence. If you are convicted of a first DUI offense, you will be subject to a 1-year license revocation. to State, County and Municipal Public Records, Tennessee Department of Safety and Homeland Security, Tennessee Code Annotated section 40-32-101(G). As the number of DUI offenses, a motorist commits increases, their potential jail time, fines, and sanctions increase alongside, depending on their severity. A DUI conviction in Tennessee cannot be expunged from an offender's record except for dismissed DUI cases or cases where the offender was not found guilty. But a judge can take past DUI convictions into consideration when sentencing if they occurred within twenty years of the current offense. 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. A commercial driver faces the highest risk of losing their job since insurance companies are unlikely to provide coverage to DUI offenders. This charge carries penalties of eight to 30 years in prison, a fine of up to $25,000, and license revocation from three to 10 years, with no restricted license eligibility. A fee of $250 is fined for reckless driving. A person suspected of impairment does not have to be actually driving for an arrest to occur. After 90 days, the driver may apply for early withdrawal of their license suspension. However, a judge has the ultimate power within the already set parameters to consider any prior DUIs within the past 20 years and determine the offender's actual fines and jail times as factors such as injury, accidents, and deaths could affect the penalties. If there happened to be an underage passenger present in the vehicle, an extra 30 days could be added to the minimum jail time of 45 days making 75 days minimum jail time instead. You will also have to pay a license reinstatement fee to the Department. 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. This is known as driving while intoxicated, or DWI. 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. A driver under the age of 21 who is impaired by alcohol, drugs or a combination of the two faces either adult DUI penalties or those that are less severe. You would also be required to pay court costs related to your DUI offense. Its also possible that you could receive a longer jail sentence if the judge deems it appropriate (up to 11 months and 29 days) but this is typically reserved for more serious offenses. Jail time. Feel free to call our team at 901-526-9494 or send us a message about your case. In certain cases you may be required to undergo drug and alcohol treatment or perform community service, often in the form of roadside litter pickup. You do not want to tackle the case alone. 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. 7031 Koll Center Pkwy, Pleasanton, CA 94566 In Tennessee, drivers who are under the age of 21 can be convicted of a standard DUI for driving with a blood alcohol concentration (BAC) of .08% or more or while under the influence of (impaired by) drugs or alcohol.
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