Tennessee DUI Attorneys

Tennessee Drunk Driving Lawyers
( DUI / DWI / BUI )
Defense Information
TN Law Firms

Summary of
Tennessee's DUI Law

The following details some of the penalties which apply in most D.U.I. cases following the 2003 Legislative Session. These details change frequently and you should always consult with this office if you have any specific questions.  Per se blood alcohol levels may be less if a CDL or under 21 years old.  Additional penalties not specified in this summary may apply in particular circumstances. Juvenile penalties differ significantly. Generally, convictions which have occurred within the last ten years trigger the enhancement provisions of multiple offenses, although in some cases convictions more than 10 years old may be used. In most cases, the court will take your license immediately at the time of conviction.

FIRST OFFENSE

Per se violation where blood alcohol concentration is .08% or more. Less if CDL or under 21 years old.

PUNISHMENT: Eleven months and 29 days. The mandatory minimum sentence is 48 hours in jail, or 7 days if blood alcohol concentration is .20% or higher. Other than the time spent in jail, the remainder of the 11 months, 29 days is spent on probation.

FINE: $350.00 to $1,500.00.

DRIVER'S LICENSE: Loss of driver's license for one year. The court may grant a restricted license to go to and from work, to and from a court-ordered alcohol safety D.U.I. program, and to drive while on the job under certain circumstances.

D.U.I. SCHOOL: You must successfully complete at your expense a D.U.I. school which has been approved by the court. The school may take from 4 to 26 weeks to complete. Attendance at AA meetings may also be required.

SECOND OFFENSE

Per Se violation at .08% or more. Presumptive level of intoxication .08%-.09%. Less if CDL or under 21 years old.

PUNISHMENT: Eleven months and 29 days. The mandatory minimum sentence is 45 days in jail. Other than the time spent in jail, the remainder of the 11 months, 29 days is spent on probation.

FINE: $600.00 to $3,500.00

DRIVER'S LICENSE: All driving privileges are revoked upon conviction. You are not eligible for a restricted driver's license for at least one year.

THIRD OFFENSE

Per Se violation at .08% or more. Presumptive level of intoxication .08%-09%. Less if CDL or under 21 years old.

PUNISHMENT: Eleven months and 29 days. The mandatory minimum sentence is 120 days in jail. Other than the time spent in jail, the remainder of the 11 months, 29 days is spent on probation.

FINE: $1,100.00 to $10,000.00

DRIVER'S LICENSE: Driving privileges are revoked for a minimum of three years to a maximum of ten years. You are not eligible for a restricted driver's license.

FOURTH OFFENSE

Classified as a Class E Felony. Per Se violation at .08% or more. Presumptive level of intoxication .08%-.09%. Less if CDL or under 21 years old.

PUNISHMENT: One to six years. The mandatory minimum sentence is 150 days in jail. Other than the time spent in jail, the remainder of the sentence is spent on probation.

FINE: $3,000 to $15,000

DRIVER'S LICENSE: Driving privileges are revoked for a minimum of five years. You are not eligible for a restricted driver's license.

ALL CASES

COURT COSTS: This amount will vary from case to case. All fines and court costs should be paid at the time when judgment is entered by the court.  All persons convicted of a DUI offense are also assessed an alcohol and drug addiction fee of one hundred dollars for each conviction.

WORK RELEASE: The Court has authority to order community work or work release after the minimum sentence is served in jail.

ACCIDENT CASES: If there is any personal injury or property damage associated with your charge, the court may require you to reimburse the injured parties or make restitution for your actions. You are not eligible for a restricted license, even if it is your first offense, if serious personal injury or death of another was involved.

HABITUAL MOTOR VEHICLE OFFENDER: A D.U.I. or reckless driving conviction may, in combination with other convictions, qualify you as an Habitual Motor Vehicle Offender. Three such convictions within five years, or five convictions within ten years can qualify you as an habitual offender. Any driving while an Habitual Motor Vehicle Offender is punishable as a felony, carrying a potential penalty of one to six years in the penitentiary.

ALL MULTIPLE OFFENSES

In addition to the penalties listed, the following additional consequences may result from a conviction for a second or subsequent offense of DUI.

REHABILITATION PROGRAM: Upon conviction, the judge may require you to attend a rehabilitation program at an approved alcohol treatment facility.

INTERLOCK DEVICE: Presumed necessary unless an on-the-record finding to the contrary is made by the judge.  Required if you have had a prior DUI conviction within the last five years.  You will be required to blow into the device before starting the car, and periodically while operating the car. Your blood alcohol concentration must register below a specified amount ranging between .02% and .05%. You are responsible for the costs of the device.

FORFEITURE OF VEHICLE: The vehicle used in the commission of a second or subsequent offense is automatically subject to seizure and forfeiture by the Tennessee Department of Safety.