In some cases, a DUI charge can be reduced to a less serious offense like reckless driving or another traffic offense. In Tennessee, a first- time DUI offense is a misdemeanor. 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 2 years following a second offense. Its important to remember that youre not alone. This is known as driving while intoxicated, or DWI. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In fact, drunk driving is the number one killer on Tennesee's roads and has been since 2012. Tennessee's law is one of the most strict. 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. While driving a non-commercial vehicle, at under 21 years old, they have a BAC "blood alcohol content'' of 0.08% or more. A second CDL DUI offense will result in your CDL being revoked for life. Our firm is committed to helping our clients protect their driving privileges. 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. In Tennessee, a driver is considered a second DUI offender when the driver has one prior DUI conviction within the past ten years. 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. 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. Why? If you need proper representation for your DUI charge in Tennessee, contact the Memphis DUI lawyers at The Chiozza Law Firm. The first three DUI convictions will have a maximum amount of jail time of eleven months and twenty-nine . You may have to forfeit your vehicle to the State. 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. 57-5-301), Drug Free Youth Act Offenses (Ages 13 17) T.C.A. A DUI is a first offense in Tennessee if the driver has no prior DUI convictions that occurred within the past ten years. The officer instructs you to move forward nine steps in a straight line, touching heel-to-toe on each step. A mandatory forfeit of your vehicle. 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. A driver who has a BAC of 0.08% or more can be convicted of 'DUI Per Se,' which refers to a drunk or drugged driving charge based on BAC or quantity of drugs in the driver's system. Once you satisfy your court sentence and complete the duration of your driver's license suspension/revocation, you'll need to reinstate your driver's license with the Tennessee Department of Safety (DPS). 48 hours to 11 months, 29 days (7-day minimum with a .20% BAC or more) Yes, you may not be legally drunk under the normal BAC legal level, but you are underage, which is why the arrest is made despite a lower BAC level. It can also have a significant effect on your criminal record and your ability to remove charges from your record in the future. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. In Tennessee, DUI carries significant penalties. At Barnes & Fersten, we understand the complexities of the DUI process and can help you explore your legal options. Can I refuse to take a blood alcohol concetrationtest? This depends on the specifics of the drunk driving incident, particularly on the amount of alcohol that was in their system at the time. 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. Before the Tennessee DOS will reinstate your license following your revocation period you will be required to show proof of financial responsibility in the form of aTennessee SR22policy that meets the states minimum auto insurance liability coverage limits. 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. 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. 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. 11 months, 29 days suspended sentence. 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. The average cost of a first-offense DUI is nearly $6,000. If the second DUI came within five years of the first, then you will be required to have an ignition interlock for six . Legal Beagle: How to Get a DUI Removed From Your Driving Record, Legal Beagle: How to Know If a DUI Is on Your Record. This field is for validation purposes and should be left unchanged. However, DUIs are typically prosecuted with more force and swifter action than most misdemeanors. Not only will you face a driver's license suspension, but you'll also likely face criminal charges in court. Third offense - fine will range from $1,100 to $10,000. Specifically, the officer is testing your ability to balance and follow instructions. can help you protect your driving privileges. You will also have to pay a license reinstatement fee to the Department. Legal Beagle: What Will My Probation Officer Do If I Fail an Alcohol Test? 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. Under Tennessee law, you are required to perform a BAC test once you are under arrest for a DUI. Feel free to call our team at 901-526-9494 or send us a message about your case. 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. Upon issuance of a restricted license, the judge might also require that the driver use an ignition interlock device (IID) during the suspension period. If this is your second DUI offense, you will face a 2-year license revocation. Yes, you do face a minimum of forty-eight (48) hours in jail if you are found guilty of or plead guilty to a DUI. Alternatively, the offender will have to pay $75 if they fail to return the suspended license to the. Tenn. Code Ann. DMV.org states that a CDL driver who has a BAC of 0.04 percent or higher, shows impairment by a controlled substance while operating a vehicle, or refuses to take a chemical test is in violation of the states implied consent law. 11 months, 29 days supervised probation. Suspension of a commercial driver's license for a year and for a second DUI offense, the license is revoked for life. We have the expertise and experience to partner with you through the process. If this was a fourth or subsequent DUI conviction with two of your prior convictions occurring within the past 5-years you will be required to have the ignition interlock for an additional 6 months following the reinstatement of your license following your revocation period. Restricted license. 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. The minimum cost for an IID for a year is $1,000. Let us assist you every step of the way. DUI stands for 'Driving Under Influence' while DWI means 'Driving While Intoxicated or Impaired'. See below for more information on IIDs. If the child is harmed, the offender will be locked away for between 2 to 12 years and fined a minimum of $5000. Memphis, TN 38103Phone: 901-464-4425Fax: 901-525-6294, 2023 Ballin, Ballin & Fishman. This goes up to three years if the driver is arrested while transporting hazardous materials. So, it makes a little sense that they would be the first state in the country to charge DUI drivers who cause a fatality child support for their . What Happens For Your First DUI Offense In Tennessee. A TN driver's license suspension/revocation for 1 year. For a 3rd offense of a DUI, you may face: 120 days to 11 months and 29 days in jail. Per Tennessee law55-10-415it is a Class A Misdemeanor for anyone under the age of 21 but older than 18 to drinking and drive with a blood alcohol concentration of .02% or greater. 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. According to the Tennessee Department of Safety and Homeland Security, a first-offense DUI is a misdemeanor. When you are charged with a DUI, Tennessee law defines it as a class A misdemeanor. For more updates, visit The Chiozza Law Firm, on Facebook, and on Twitter. This device must be installed by an approved provider. It is possible to obtain a restricted license, however, you would be required to install an ignition interlock device, at your own expense, and drive only vehicles that have an interlock installed. If an officer asks you to take the field sobriety test, just kindly refuse his request). NOTE:Sentence length depends on a number of factors, including the persons criminal history, Implied Consent/Refusal to Submit to Blood Alcohol T.C.A. 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. The maximum jail sentence for a first DUI is 11 months and 29 days. 901Law.com, theMemphis Law Firm for all your legal needs! A mandatory fine of $600 - $3500 is also required of the offender. In the state of Tennessee, if you operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or greater, you will be charged with driving while under the influence (DUI). However, between court costs and legal fees, you could end up paying well over . According to Nolo, Tennessee has a separate statute for underage drivers who have a lower BAC of between 0.02 and 0.08 percent. Read More: How to Get a DUI Removed From Your Driving Record. A Tennessee first offense DUI conviction is a Misdemeanor offense and carries the following penalties: Jail time:A first offense conviction will result in a minimum jail sentence of 48-hours up to a maximum jail sentence of 11 months and 29 days. In addition: These fees do not exempt an offender from jail time or substantial financial penalties, as these fees are for reinstatement and alcohol monitoring. Join 1,972,984 Americans who searched for Car Insurance Rates: Start Your Ignition Interlock Application Process. A driver who kills someone due to impairment can face a Class B felony for vehicular homicide. However, a first time DUI can give you up to 11 months and 29 days in jail and a $350-$1,500 fine. An offender must meet all the requirements of the sentence imposed, such as the fines, court costs, and payments of all other fees imposed by the judge. 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. Depending on the severity of your DUI/DWI, a In Tennessee, DUI carries significant penalties. Before the Tennessee Department of Safety will reinstate your license following your suspension or revocation period, they will require you to file an SR22 form with them before issuing you a new license. criminal penalties in court for DUIs and other alcohol-related driving offenses. Six months probation fee costs $346, while a 12 months cost $466, and a monthly probation fee costs $30. With detailed guidelines paired with a focus on balance, intoxicated drivers may struggle to perform well. Subscribe to stay in the loop & on the road! 1999 - 2023 DMV.ORG. vary depending on the circumstances of your DUI. In addition, they may have to install an ignition interlock device at their expense and will face a license revocation of up to 1 year. Tennessee has some of the strictest DUI laws in the country, and the penalties for a first time DUI can be severe. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. For instance, if you have a documented BAC of 0.20% or greater, you will face mandatory jail time . 55-10-406, Drug Free Youth Act Offenses (Ages 13 17) (T.C.A. Your license will be suspended for 1 year if you are convicted of DUI in Tennessee. The officer asks you to watch a finger or pen as it moves. In this case, the offender's vehicle is equipped with an ignition interlock device to monitor or restrict their driving while intoxicated. Any trace of alcohol can result in a DWI charge. Offenders could be allowed a work release permit with a restricted license and the use of an ignition interlock device. If a driver is arrested for a DUI but happens to be conducted on a lesser charge like reckless driving, the offender's record will still show the original charge as a DUI charge. Submitting to a chemical test is required by the TennesseeImplied consent law. For example, although a DUI conviction is currently not eligible to be expunged, a reckless driving is eligible to be expunged five (5) years after you complete the six (6) month probationary period. All Rights Reserved. A fee of $17.50 is charged for a breath test refusal. A driver's license suspension/revocation of 2 years. It also stays on an offender's criminal record for life. If a victim has suffered injuries as the result of a drivers impairment, the penalty goes up to two years, and if the driver's impairment causes death to another person, they will lose their license for three years. First-time DUI offenders may be granted a temporary restricted license on suspension of license. 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. Criminal Penalties Individuals convicted for a DUI first offense can expect to spend at least 48 hours in jail and you will be ordered to participate in an alcohol and drug education program. Your license can be revoked for one year. 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.'. A person suspected of impairment does not have to be actually driving for an arrest to occur. A second offense refusal will result in a 2-year revocation of your license. First-time Tennessee DUI offenders face jail time of between 48 hours to 11 months. We offer a free consultation to review your situation, so dont hesitate to call us today. If anyone was hurt or killed as a result of your DUI, you can expect a lot of jail time on top of heavy fines and retribution requirements. They also have a Class B felony requiring between 8 and 30 years in prison, and a fine less than $25,000 imposed. No, this one is life-changing. First time offenders will be eligible for a restricted license if they meet therequirementsfor one. A jail fee of $650 is charged for a 48 hour jail time, and a fee of $44 is charged for each additional day in jail. 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. A number of factors can affect sentencing, but this article address the minimum and maximum penalties and consequences for a first DUI in Tennessee. The court may also allow a restricted license for first offenders. The offender will have to pay an SR-22 form fee of $50 in the absence of proof of SR-22 insurance for up to 3 years. 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. 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 driver will not face penalties for refusing to take a blood test, unless an officer has a warrant. No matter what your situation is, we will work diligently to ensure you receive the best possible outcome for your case. 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 successful reduction will often result in the avoidance of jail time, loss of driving privileges, and other reduced penalties. The state of Tennessee is incredibly strict with underage drinking and driving. . A driver's license suspension/revocation of 2 years. One look at the current Tennessee first DUI penalties and fines should be enough to dissuade you from getting behind the wheel after drinking: Cash Fines and Penalties - $350 to $1,500 License - one-year mandatory suspension Jail - 48 hours to 11 months Third time offenderswill not be eligiblefor a restricted license. This website is designed for general infomation only. The offender may also be subject to community service. A judge could also order the offender to complete a substance abuse program. In Tennessee, the only distinction between these two charges is the offender's age. Driver's license application fees and tests. Probation. From 48 hours to 11 months and 29 days of jail time. DUI law is complicated and the facts of each case are different. Consequences can vary, though you can expect to spend 48 hours in jail, and significantly more time than that after the first offense. You must turn appropriately, then repeat the steps in the opposite direction. The offender will have to deal with a DUI conviction, jail time, mandatory fines, probation and community service, attendance of a substance abuse assessment program, license suspension, and installation of an ignition interlock device. Leasing, maintenance, and/or monitoring fee: Maximum $100 per month. For instance, a DUI offender serving jail time could be allowed to do a jail sentence with a work-release. If this is a first offense violation, your license will be revoked for 1-year for a test refusal. A driver who had a BAC of .20% or more will face a minimum of seven days in jail for a first-offense DUI conviction. . For a second-time offense, the license suspension is two years. First offense (ages 13 to 17): A license suspension of one year or until the offender reaches 17, whichever is longer. In Tennessee, a fourth DUI conviction is a class E felony. Jail time of 45 days to 11 months and 29 days in jail. If your BAC level was at or more than 0.20 percent, you could face seven (7) days in jail. A person who's convicted of a first DUI must pay a fine of $350 to $1,000. What steps should I take after sustaining an injury while visiting a public place. Out-of-state DUI charges also count in an offender's record. What Will My Probation Officer Do If I Fail an Alcohol Test? After a few hours of drinks and discussions, you realize its time to head home. Speak with a state-approved provider, Intoxalock, Locate an installation center near you - get a quote for pricing. The court will prohibit a convicted person from driving a vehicle in the state of Tennessee for a period of one year. A second DUI offender could be charged with a minimum jail time of 45 days with a possible maximum jail time of 11 months, 29 days with a two-year license suspension. Over time, it has been believed that advertising the locations and programs of the checkpoints through media outlets would increase awareness and spread the message against driving 'under the influence' since mass media outlets strongly influence society. 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. 55-10-701, Underage Possession of Alcohol (Age 18 -21) T.C.A. 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. Several possible aggravating factors include the following: Like many aspects of a DUI arrest, each case is unique and warrants its own timeline. This blog is intended to provide some basic information about the DUI process in Tennessee. Probation fees are also charged depending on the length of time. 2023 Chiozza Law Firm All Rights Reserved, Tennessee Department of Safety and Homeland Security. Memphis Law Firm for all your legal needs! 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). 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. If you've been arrested for driving under the influence in Tennessee, it's a good idea to talk to a DUI lawyer. In Tennessee, DUI checkpoints are legal, and drivers are legally detained for a short while for questioning by an officer who suspects them of driving 'under the influence.'. 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. They may also be fined between $350 to $1500 and face a one-year license suspension. Fourth or subsequent time offenderswill not be eligiblefor a restricted license. As usual, a DUI offender must complete a substance abuse program and could be ordered to wear an alcohol-monitoring ankle bracelet. 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. I could not be happier with the settlement I received in my auto accident. While driving a commercial vehicle, they have a BAC of 0.04% and above. DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of Tennessee and has worked out a special discount only available here for our website visitors. Requirement of an SR-22 for several years after conviction. Before the Tennessee DOS will reinstate your license following your revocation period you will be required to show proof of financial responsibility in the form of aSR22 insurancepolicy that meets the states minimum auto insurance liability coverage limits. 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. A judge could release an offender on probation after successfully serving the minimum jail time. In Tennessee, a first DUI offense is considered a Class A misdemeanor charge. Contact one of our DUI laywers in Memphis to walk you through any situation. Again, you will only lose your license if you are actually convicted of DUI. Attendance in a substance abuse treatment program. Knowing the law around drunk driving in Tennessee will help drivers avoid more severe consequences than they may already experience. In Tennessee, a first DUI offense is considered a Class A misdemeanor charge. A driver faces their first DUI if they have had no prior convictions in the past 10 years. 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. A first offense misdemeanor can become a felony if there are special circumstances in play at the time of the traffic stop. Tennessee DUI laws prohibit motorists from driving a vehicle or being in physical control of an automobile or any motor-driven vehicle if: Tennessee laws consider a person to be 'under the influence' if they are impaired to the extent their ability to safely operate a motor vehicle is affected. Repeat DUI offenders in Tennessee are typically mandated to attend an alcohol treatment program and may have their vehicles seized as well. If a law enforcement officer has probable cause to suspect impairment in a driver and requests a breath or urine test, submission is mandatory.