Jail time of 45 days to 11 months and 29 days in jail. 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. Basics You Should Know About DUI In Tennessee In Tennessee, you can face jail time for a first-offense DUI. 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. Out-of-state DUI charges also count in an offender's record. 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. First Offense DUI in Tennessee | Whitt Cooper Hedrick & Wojcik 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. Knowing the law around drunk driving in Tennessee will help drivers avoid more severe consequences than they may already experience. 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. They may, however, apply for early withdrawal of the suspension after 90 days or apply for a restricted license. DUI Penalties in Tennessee - Aggravated DUI How to Get a DUI Removed From Your Driving Record, Tennessee Dept. Tennessee's DUI Enhancement for High Blood Alcohol Levels. 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. Fines of $1,100 to $10,000. 57-5-301), Drug Free Youth Act Offenses (Ages 13 17) T.C.A. criminal court requirements may include the following: NOTE: If you refuse to submit to a BAC/breathalyzer test, you can still face driver's license suspensions and fines, even if you're below the legal limit. Similarly, some offenses such as reckless driving are eligible for something called judicial diversion. In Tennessee, a fourth DUI conviction is a class E felony. A qualified DUI attorney can tell you how the law applies to your case and help you decide on the best course of action. If a lapse in coverage occurs, the Tennessee DOS will immediately suspend your license and you will be required to re-file an SR22 form with the DOS before they will issue you another license. Read More: How to Check Driver's License History. Drivers with a BAC of 0.20 percent or higher must serve at least seven consecutive days. The implied consent law does not apply to field sobriety tests. Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one. Then, you count to 30 out loud. In Tennessee, a person convicted of DUI usually has the license revoked, even as a first-time offender. You will be fined $600 up to $3,500. However, it is important to remember that these penalties apply only if you are convicted. If your BAC level was at or more than 0.20 percent, you could face seven (7) days in jail. 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. Financial compensation for victims suffering person loss or physical injury. 1-year license revocation. A fine not less than $350.00 nor more than $1,500.00 will be imposed in addition to court costs. Five years must have elapsed since completing the sentence imposed on an offender. First-time DUI offenders may be granted a temporary restricted license on suspension of license. Like many states Tennessee has a "implied consent" law. Is a DUI a felony or misdemeanor in TN? - Criminal Defense Attorney 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. If you need proper representation for your DUI charge in Tennessee, contact the Memphis DUI lawyers at The Chiozza Law Firm. Restricted license. 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. However, the look-back period is ten years for repeat offenders; that is, succeeding DUI charges must be made within ten years, from the date of the present offense back to the date of the prior offenses, to be considered a repeat offense. While Tennessee has several laws that determine DUI penalties, the judge determines the final penalties. A commercial driver faces the highest risk of losing their job since insurance companies are unlikely to provide coverage to DUI offenders. 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 A person seeking to have their license reinstated after a suspension will be required to satisfy all the court-ordered requirements. The attorney listings on this site are paid attorney advertising. In some cases, however, a first-time DWI offender can get a DWI charge reduced to a DUI charge instead. 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. This device must be installed by an approved provider. 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. The court will prohibit a convicted person from driving a vehicle in the state of Tennessee for a period of one year. You will also have to pay a license reinstatement fee to the Department. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. For a second DUI in Tennessee, you must spend a minimum of 45 days in jail, but you could potentially spend 11 months and 29 days in jail. In Tennessee, a DUI is not deemed different from a DWI. Under Tennessee Code Annotated section 40-32-101(G), Tennessee law provides parameters for expungement as follows: While some other states may be more lenient with first time DUI offenders and tend to let first time offenders go on probation, the state of a Tennessee gives mandatory jail time to first time offenders of at least 48hours and with a BAC of 0.2% or higher, the minimum jail time is 7 days and the maximum could be 11 months and 29days for even a first time DUI offenders and a mandatory fine of $350-$1500, A DUI charge in Tennessee can be very financially demanding as the Tennessee laws and penalties are structured to discourage drivers from driving 'under the influence.'. In Tennessee, a first DUI offense is considered a Class A misdemeanor charge. The information From 48 hours to 11 months and 29 days of jail time. For more updates, visit The Chiozza Law Firm, on Facebook, and on Twitter. How do I get my driver's license back after a DUI? If you are convicted of a first DUI offense, you will be subject to a 1-year license revocation. However, there are other factors that can affect the nature or level of your charge, leading to greater penalties and sentences. Fines And Other Penalties. criminal penalties in court for DUIs and other alcohol-related driving offenses. This means that if you drive in Tennessee you are agreeing that you would submit to a chemical test if asked to do so by law enforcement. A driver's license suspension/revocation of 1 year. If youve recently been charged with DUI, youre probably feeling a mix of emotions confusion, frustration, and perhaps even fear. A judge may also order the convicted driver to install an ignition interlock device (IID) at their own expense. Its important to remember that each case is unique, and the outcome will depend on the specific facts and circumstances of your situation. Also, all conditions of probation must be satisfied. 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. The judge can grant a temporary restricted license, which allows the driver to operate a vehicle for work, school, or treatment purposes. DUI Attorney | Andrew Beasley, PLLC | Nashville, TN A DUI offender's life becomes altered from the point of arrest. Our goal is to help you understand the steps that will be taken by the court system, and to give you a better idea of what to expect as your case moves forward. Should be simple, right? You may have to forfeit your vehicle to the State. Technically, a Tennessee DUI stays on an offender's record for life. No, this one is life-changing. An immigrant DUI offender would have certain privileges withdrawn, such as; neutralization could be revoked for an immigrant, a green card and renewal of work permit may be denied to an immigrant, and an immigrant offender could face deportation. DUI stands for 'Driving Under Influence' while DWI means 'Driving While Intoxicated or Impaired'. What Will My Probation Officer Do If I Fail an Alcohol Test? You are asked to follow only with your eyes and not your head. DUI probation could include completing a substance abuse program and any other recommendations given by the judge. 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. How long your license is suspended will depend on how may times you have refused a chemical test and whether or not the incident involves an accident. The court may also require you to attend an alcohol education program and complete community service. A driver's license suspension/revocation of 2 years. Under the influence of any intoxicant, narcotic drug, marijuana, or any controlled substance affecting the central nervous system. 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. 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.