Tennessee DUI Laws
A Tennessee DUI charge is not a conviction. You may have been stopped and searched without probable cause. The blood or breath test you took may have been tainted. The police officer who administered the Field Sobriety Tests might not have been properly trained. A Tennessee DUI lawyer will examine the arrest record to see if mistakes were made and/or your rights were violated. Hiring an experienced attorney will greatly improve your chances of getting your charges reduced or dismissed or winning your case at trial.
Tennessee has a long list of penalties you could face if convicted, including jail, probation, victim restitution, fines, highway litter removal, DUI assessment, DUI school/alcohol rehabilitation, volunteer community service, license revocation, an ignition interlock device and vehicle forfeiture. Factors that influence the sentence include prior DUI convictions (if any), high blood alcohol content (BAC), charges of child endangerment (DUI with a passenger under 13 years old), vehicular assault or homicide. Special rules apply to minors (under 21 years old) and commercially licensed drivers. Only an attorney can tell you what charges and penalties might apply to your case.
Tennessee DUI law is complex and subject to change. If you have been charged with DUI, it is best to contact an aggressive and informed Tennessee DUI lawyer to make sure your rights are protected to the fullest extent of the law.
Tennessee DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Tennessee BAC laws may differ from those of other states, as follows.
Tennessee BAC Laws | |
Per Se Violation | BAC of .08 or higher |
"Zero Tolerance" (BAC for Someone Under 21) | .02 or higher |
Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
Implied Consent to Submit to a BAC Test |
|
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
First DUI/DWI Offense | |
License Suspension | 1 year (may have restricted license) |
Prison Term and Community Service | 48 hours to 11 months in jail; maybe community service |
Fines, Fees, and Surcharges | Approx. $350 to $1,500 or higher** |
Vehicle Penalties |
|
Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI school; possible treatment |
Second DUI/DWI Offense | |
License Suspension | 2 years (may have restricted license) |
Prison Term and Community Service | 45 days to 11 months in jail; maybe community service |
Fines, Fees, and Surcharges | Approx. $600 to $3,500 or higher** |
Vehicle Penalties |
|
Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI school; possible treatment |
Third DUI/DWI Offense | |
License Suspension | 3 to 10 years (no restricted license) |
Prison Term and Community Service | 120 days to 11 months in jail; maybe community service |
Fines, Fees, and Surcharges | Approx. $1,100 to $10,000 or higher** |
Vehicle Penalties |
|
Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI school; possible treatment Fourth and Subsequent DUI/DWI Offenses |
License Suspension | 5 years (no restricted license) |
Prison Term and Community Service | 1 year in jail; maybe community service |
Fines, Fees, and Surcharges | Approx. $3,00 to $15,000 or higher** |
Vehicle Penalties |
|
Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI school; possible treatment |
Aggravating Factors that Can Alter DUI/DWI Penalties*** |
Vehicular Manslaughter |
Driving with Children in the Car |
Higher BAC (above the enhanced penalty) |
Zero Tolerance DUI/DWI |
Driving While Under the Influence of Drugs |
Out-of-State DUI/DWI Convictions |
Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Tennessee Department of Safety