You do not want to tackle the case alone. Several possible aggravating factors include the following: Loss of drivers license for one year. 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. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 1st offense crash involving injury: 2 years. The officer must state that failure to comply with the test will result in getting your license revoked. The penalties for a first offense DUI include a minimum of 48 hours in jail, a fine of $350, and the suspension of your driver's license for one year. After a few hours of drinks and discussions, you realize its time to head home. Attorney Advertising. In Tennessee, a driver is considered a second DUI offender when the driver has one prior DUI conviction within the past ten years. But a judge can take past DUI convictions into consideration when sentencing if they occurred within twenty years of the current offense. The Chiozza Law Firm has years of experience as Memphis DUI lawyers and are ready to represent you. 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. One of the most common questions we receive from clients is about potential jail time. Increased insurance costs; some life insurance companies may completely deny policy issuance. First-time DUI offenders in Tennessee are fined a minimum of $350. All Rights Reserved. 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. 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. 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. 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. 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. Let us assist you every step of the way. And in some jurisdictions, offenders can complete 400 hours of community service in lieu of the 48-hour and seven-day jail minimums. 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. 11 months, 29 days supervised probation. A person operating a commercial motor vehicle in the state of Tennessee while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test is in violation of the states laws regarding CDLs and will be arrested for DUI and your CDL will be revoked for a period of 1-year following a first offense violation. Five years must have elapsed since completing the sentence imposed on an offender. Consequences can vary, though you can expect to spend 48 hours in jail, and significantly more time than that after the first offense. Read More: How to Get a DUI Removed From Your Driving Record. While driving a non-commercial vehicle, at under 21 years old, they have a BAC "blood alcohol content'' of 0.08% or more. You will be required to carry yourSR22 insurancefor a period of 3-years. You will be eligible for a restricted license.Ignition interlock:The court may order you to have anignition interlock deviceinstalled on your vehicle as a condition of getting a restricted license or having your license reinstated at the end of your revocation period.License suspension:Your license will be revoked for 1 year following a first offense. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. If an impaired driver has a passenger under 18 with them at the time of the stop, they face additional penalties for child endangerment, including license revocation and from two to 20 years in prison, if the child passenger suffers a serious injury. If you've been arrested for driving under the influence in Tennessee, it's a good idea to talk to a DUI lawyer. Holds a commercial driver's license (CDL) and has a BAC of 0.04 percent or greater. The court will prohibit a convicted person from driving a vehicle in the state of Tennessee for a period of one year. 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. You will also have to pay a license reinstatement fee to the Department. This website is designed for general infomation only. 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. However, the length of suspension can vary based on the details of the arrest. They may also be fined between $350 to $1500 and face a one-year license suspension. A judge may also order the convicted driver to install an ignition interlock device (IID) at their own expense. 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. The implied consent law does not apply to field sobriety tests. 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. First-time offenders will also have to pay fines that are no more than $1,500 and no less than $350. The distinguishing factor between a DUI and a DWI are the substances that the offending motorist ingested before their arrest. Installation of an ignition interlock device on a vehicle may be applicable. A first offense misdemeanor can become a felony if there are special circumstances in play at the time of the traffic stop. Please continue reading to learn how you can obtain a restricted drivers license and how a determined Memphis DUI Defense Lawyer can help you protect your driving privileges. Tennessee has some of the strictest DUI laws in the country, and the penalties for a first time DUI can be severe. Tennessee motorists automatically agree to Tennessee's "implied consent law," which means that all drivers lawfully arrested for a DUI have legally given their consent to be tested to determine their alcohol blood content. 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. For a 3rd offense of a DUI, you may face: 120 days to 11 months and 29 days in jail. The officer instructs you to move forward nine steps in a straight line, touching heel-to-toe on each step. In some cases, a DUI charge can be reduced to a less serious offense like reckless driving or another traffic offense. Third DUI Offense. However, it is important to remember that these penalties apply only if you are convicted. A DWI charge typically applies to an underage offender (an offender around the age range of 16-20), while a DUI charge applies to an offender over 21. Our firm is committed to helping our clients protect their driving privileges. judge may order you to have an ignition interlock device installed in your car. No matter what your situation is, we will work diligently to ensure you receive the best possible outcome for your case. However, there are other non-court related consequences of a DUI conviction that an offender has to deal with, such as: Yes, a DUI offender could get fired from one's job, but this depends on the type of job in question and the nature of the conviction. The maximum jail sentence for a first DUI is 11 months and 29 days. The court may also allow a restricted license for first offenders. 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. Any protest or unlawful refusal will lead to the Department of Safety being notified by the court and the driver's license being suspended for between 12 months to 2 years. 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. Tennessee has some of the strictest DUI laws in the country, and the penalties for a first time DUI can be severe. A driver's license suspension/revocation of 2 years. Restricted license. Probation. 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. Tennessee does not consider a DUI or a DWI charge based on the substance used but on the offender's age. Legal Beagle: How to Know If a DUI Is on Your Record. You will also have to pay a license reinstatement fee to the Department. See below for more information on IIDs. On suspension of a driver's license, the judge could also order the forfeiture of the vehicle used in the DUI. Before you can apply for a restricted license, you are required to install an ignition interlock device (IID) in your vehicle. Highway cleanup. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. DUI probation could include completing a substance abuse program and any other recommendations given by the judge. 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. However, there are other factors that can affect the nature or level of your charge, leading to greater penalties and sentences. 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. You know your limit, and you think you are good to drive home. This can occur based on several different factors, including the strength or weakness of the evidence against you, legal issues that can be raised in court, your efforts to demonstrate acceptance of responsibility and to address any underlying substance abuse problem, and many other considerations. 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. Tennessee's Felony DUI Penalties. The standard sentence for a misdemeanor charge of any kind is up to 90 days in jail, a $500 fine, plus two years of probation. For instance, if your first-offense DUI came as a result of a car wreck or if you injured a victim, you could receive harsher, more stringent penalties. 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. 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. A second offense refusal will result in a 2-year revocation of your license. The punishment for a first DUI conviction in Tennessee includes a fine of up to $1,500, a time not exceeding 11 months and 29 days in jail and a driver's license suspension of up to one year. 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). Then, blue lights in the rearview. If youve recently been charged with DUI, youre probably feeling a mix of emotions confusion, frustration, and perhaps even fear. In .css-9c6ohv{font-style:normal;font-variant:normal;font-weight:400;font-size:14px;line-height:22px;font-family:"Arial",serif;color:#1b395e;text-transform:none;font-style:normal;-webkit-text-decoration:underline;text-decoration:underline;}.css-9c6ohv:hover{color:#d30000;}Tennessee, a DUI (Driving Under the Influence) is the act of operating a vehicle while drunk or intoxicated. 55-10-406, Drug Free Youth Act Offenses (Ages 13 17) (T.C.A. Tennessee's DUI Enhancement for High Blood Alcohol Levels. 57-5-301), Drug Free Youth Act Offenses (Ages 13 17) T.C.A. 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. Tennessee First Offense DUI First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more. If you are found guilty of or plead guilty to a first-offense DUI, you could face the following penalties under Tennessee law: Mandatory minimum of forty-eight (48) hours in jail. If a law enforcement officer has probable cause to suspect impairment in a driver and requests a breath or urine test, submission is mandatory. The Tennessee Department of Safety and Homeland Security is tasked with enforcing the state's DUI statutes. Violating Tennessee's implied consent law results in a one-year license revocation for a first offense. Again, you will only lose your license if you are actually convicted of DUI. The offender would have to pay a mandatory reinstatement of $100. Its unavoidable. The DUI laws and regulations are confusing and seem to change frequently. A Tennessee third offense DUI conviction is a Misdemeanor offense and carries the following penalties: Jail time:A third offense conviction will result in a minimum jail sentence of 120 days up to a maximum jail sentence of 11 months and 29 days.Fines:The fine amount for a third offense will be between $1,100 to $10,000 plus associated court costs. A DUI offender's life becomes altered from the point of arrest. Tennessee law enforcement officers can arrest a person for driving under the influence (DUI) of drugs, alcohol or a combination of both by measuring the blood alcohol concentration (BAC) in the driver's system or by witnessing the unsafe operation of a vehicle. If this is a first offense violation, your license will be revoked for 1-year for a test refusal. Suspension of a commercial driver's license for a year and for a second DUI offense, the license is revoked for life. An offender must not have been convicted of any other crimes. TENNESSEE.STATERECORDS.ORG IS A PRIVATELY OWNED WEBSITE THAT IS NOT Mandatory 7 days in jail if BAC is over .20%. When a law enforcement officer suspects a motorist of intoxication, they are subjected to a breath or blood test. 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. License revocation of one year. Like many states Tennessee has a "implied consent" law. 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 Education Classas a second time offender.Vehicle forfeiture:Second time offenders may be subject to having theirvehicle seizedand forfeited to the state.Test refusal:A second offense refusal will result in a 2 year license revocation. 200 Jefferson Ave #1250 In Tennessee, a first DUI offense is considered a Class A misdemeanor charge. DUIs carry harsh penalties, one of them being the loss of your driving privileges. Jail. Knowing the law around drunk driving in Tennessee will help drivers avoid more severe consequences than they may already experience. The driver can apply for a restricted license to get to work, school or court during this time. Additionally, if this is your third DUI offense, you will be subject to a 6-year drivers license revocation. Offenders could be allowed a work release permit with a restricted license and the use of an ignition interlock device. Shows obvious impairment by intoxicants, including marijuana or other controlled substances alone or in combination with alcohol. Recognize that if you have been charged with a DUI, we strongly advise hiring a DUI lawyer to represent you in your coming case. You must go through the proper steps with the Tennessee Department of Safety. It can also have a significant effect on your criminal record and your ability to remove charges from your record in the future. It is not necessary for a person who has been stopped on suspicion of driving under the influence to display the signs one would typically associate with someone who is under the influence. The officer is then going to request that you submit to a chemical test. DUI law is complicated and the facts of each case are different. Offenders may also be required to install an ignition interlock. 2023 Chiozza Law Firm All Rights Reserved, Tennessee Department of Safety and Homeland Security. Just the fact that a chemical test shows a blood alcohol concentration level of .08% or greater will get you arrested for DUI in Tennessee. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The program helps individuals who want to have their driver's license reinstated or are court ordered to participate in a DUI school program. It also stays on an offender's criminal record for life. The talks took you back to the good ole days, remembering all the fun you had growing up together. Speak with a state-approved provider, Intoxalock, Locate an installation center near you - get a quote for pricing. If the officer has established reasonable grounds and suspects that someone is under the influence, the officer is going to request that the individualperform some field sobriety test(it is not required by law that you submit to the field sobriety tests. First convictions also result in jail sentences of at least 48 hours. 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. - 190 fatalities in alcohol-impaired crashes, - 218 fatalities in alcohol-impaired crashes, [Source: Tennessee Department of Safety and Homeland Security]. Submitting to a chemical test is required by the TennesseeImplied consent law. A second CDL DUI offense will result in your CDL being revoked for life. According to Nolo, Tennessee has a separate statute for underage drivers who have a lower BAC of between 0.02 and 0.08 percent. The minimum cost for an IID for a year is $1,000. Monetary Fines and Penalties for DUI in Tennessee. 57-5-301, Driving While Impaired (Age 16 20) T.C.A 55-10-415, Aggravated Vehicular Assault While Driving Intoxicated, Fees to reinstate a driver license after alcohol-related offenses, Penalties for drug and alcohol-related offenses committed by minors, Revocation of Drivers License for 1 year - 1st offense, Revocation of Drivers License for 2 years - 2nd offense, Revocation of Drivers License for 2 years if crash resulted in bodily injury (Most Aggravated Drunk Driving Law), Revocation of Drivers License for 5 years if crash resulted in a death (Most Aggravated Drunk Driving Law), 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, Pay restitution to any person suffering physical injury or personal loss, With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900, Ignition Interlock Device installed at your expense. Is under 21 in possession of a noncommercial license and has a BAC of 0.02 percent or greater. In Tennessee, a person convicted of DUI usually has the license revoked, even as a first-time offender. This is known as driving while intoxicated, or DWI. 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. For more updates, visit The Chiozza Law Firm, on Facebook, and on Twitter. Conviction for a first offense DUI in Tennessee carries the following punishment: Mandatory Minimum of 48 hours in jail (If BAC greater than .20, mandatory 7 days in jail) Maximum $1,500 Fine. You will be eligible for a restricted license during revocation period with the use of an ignition interlock.Ignition interlock:An ignition interlock will be required during restricted driving period and for an additional 6 months once your license is fully reinstated.License suspension:Your license will be revoked for 3-10 years following a third offense. Compare over 50 top car insurance quotes and save. The average yearly cost of an ignition interlock is $810 minimum.License revocation:Your license will be revoked for a minimum of 5-years following a fourth or subsequent offense. Read More: How to Check Driver's License History. A first DUI carries these penalties: A driver convicted of their first-time DUI must also pay attorney fees, SR-22 (or high-risk) insurance, towing charges and license reinstatement fees, all of which add up to about $5,000. If the person's blood alcohol level is .20% or higher a minimum sentence of 7 consecutive days must be served. 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. The officer instructs you to stand on one foot while lifting the other foot six inches off the ground. Road traffic offenders apprehended while violating the state's DUI laws will be penalized in various ways, depending on the severity of the crime and the offender's history.