A DUI is a first offense in Tennessee if the driver has no prior DUI convictions that occurred within the past ten years. Not only will you face a driver's license suspension, but you'll also likely face criminal charges in court. A conviction carries 150 days to six years in prison and $3,000 to $15,000 in . Generally, Tennessee considers the first three DUI offenses to be misdemeanors. Similarly, some offenses such as reckless driving are eligible for something called judicial diversion. OWNED OR OPERATED BY ANY STATE GOVERNMENT AGENCY. A driver will not face penalties for refusing to take a blood test, unless an officer has a warrant. Fines and Jail Time for Tennessee DUI Offenses. Costs include bail money, towing, SR-22 insurance, court costs, mandatory education courses, ignition interlock device installation, as well as reinstatement fees. Subscribe to our News and Updates to stay in the loop and on the road! 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. 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. If you have a question, we know the answer. Violating Tennessee's implied consent law results in a one-year license revocation for a first offense. 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. Consequences for subsequent . 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. 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). DUI law is complicated and the facts of each case are different. A commercial driver faces the highest risk of losing their job since insurance companies are unlikely to provide coverage to DUI offenders. The program helps individuals who want to have their driver's license reinstated or are court ordered to participate in a DUI school program. 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. 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. Depending on the driver's age and what type of license they have, the BAC legal limit for a DUI arrest varies. You will also be required to show proof of financial responsibility in the form of anTennessee SR-22 insurancepolicy before the Department of Safety will reinstate your license. If there was any property damage or injuries to other people resulting from an accident you will be required to pay restitution.DUI class:You will be required to attend a stateapproved DUI Classas a first time offender.Test refusal:A first offense will result in a 1 year license revocation. The best way to find a checkpoint in Tennessee is through mass media outlets such as TV, radio, PSAs ( Print Service Announcements), billboards, and brochures, as over the years, they have been heavily publicized on these platforms. 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. Your reinstatement requirements may vary depending on the circumstances of your DUI, but will typically involve: Other fees may apply based on your unique circumstances. 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. And in some jurisdictions, offenders can complete 400 hours of community service in lieu of the 48-hour and seven-day jail minimums. What Will My Probation Officer Do If I Fail an Alcohol Test? If you need proper representation for your DUI charge in Tennessee, contact the Memphis DUI lawyers at The Chiozza Law Firm. 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). 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. Penalties for an underage DUI/DWI may include: Vehicle ignition interlock devices ensure that a car cannot be started if the driver has a certain blood alcohol concentration. Employers do not have to wait for a conviction; being arrested is enough legal ground for a DUI offender to be fired legally in Tennessee. . However, a first time DUI can give you up to 11 months and 29 days in jail and a $350-$1,500 fine. However, between court costs and legal fees, you could end up paying well over . A Tennessee fourth or subsequent offense DUI conviction is a Class E Felony offense and carries the following penalties: Jail time:A fourth or subsequent offense conviction will result in a 1 year imprisonment term and you must serve 150 days consecutively.Fines:The fine amount for a fourth or subsequent offense will be between $3,000 to $15,000 plus associated court costs. A work release enables the offender to continue employment and return to jail after working hours. 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. . 21 years old, you can receive a DUI or driving while impaired (DWI) offense even if your BAC is under the legal limit. Loss of drivers license for one year. 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. 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. 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. 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. Driving under the influence, by law, is a misdemeanor in the state of Tennessee. You do not want to tackle the case alone. Should be simple, right? If you refuse to perform these tests, the officer questioning you may place you under arrest. DUI stands for 'Driving Under Influence' while DWI means 'Driving While Intoxicated or Impaired'. Violating the Tennessee DWI laws for a third time leads to a prison sentence of 11 months with 29 days in jail, fines of up to $10,000 and . Offenders may also be required to install an ignition interlock. As a condition of probation, the offender will generally have to complete a substance abuse assessment and DUI education course. 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 a law enforcement officer has probable cause to suspect impairment in a driver and requests a breath or urine test, submission is mandatory. 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. First-time DUI offenders may be granted a temporary restricted license on suspension of license. The officer instructs you to stand on one foot while lifting the other foot six inches off the ground. Submitting to a chemical test is required by the TennesseeImplied consent law. A judge may also order the convicted driver to install an ignition interlock device (IID) at their own expense. There is a special insurance premium an offender will have to pay upon obtaining a restricted license known as SR-22, and this cost varies based on circumstances but can begin from $50. In some states, the information on this website may be considered a lawyer referral service. However, depending on the circumstances of your offense, you may
First-time offenders will also have to pay fines that are no more than $1,500 and no less than $350. . For a first-time offense, refusal to take a BAC test results in a one-year suspension of your license. You must bring the original certified court order to a Driver Services Center within 10 days of the date of the court order. The offender would have to retake the driver's examination. First offense (ages 13 to 17): A license suspension of one year or until the offender reaches 17, whichever is longer. The DUI laws and regulations are confusing and seem to change frequently. TENNESSEE.STATERECORDS.ORG IS A PRIVATELY OWNED WEBSITE THAT IS NOT A judge could also order the offender to complete a substance abuse program. Increased insurance costs; some life insurance companies may completely deny policy issuance. This is known as vehicular assault and carries a prison sentence of two to 12 years, license revocation of one to five years (with no eligibility for a restricted license), and a fine of up to $5,000. 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 classas a third time offender.Vehicle forfeiture:Third time offenders may be subject to having theirvehicle seizedand forfeited to the state.Test refusal:A third offense refusal will result in a 2 year license revocation. 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. While Tennessee has several laws that determine DUI penalties, the judge determines the final penalties. In Tennessee, a fourth DUI conviction is a class E felony. A number of factors can affect sentencing, but this article address the minimum and maximum penalties and consequences for a first DUI in Tennessee. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. A second offense refusal will result in a 2-year revocation of your license. This type of conditional license allows you to drive under certain circumstances with limited driving privileges. We have the expertise and experience to partner with you through the process. Also, the judge can suspend the remainder of an offender's jail time on probation so long as the offender completes the minimum jail time sentence. presented at this site should not be construed to be formal legal advice nor the formation of a 48 hours to 11 months and 29 days in jail. 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. 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. You may also receive DUI-type penalties for refusing to submit to the blood alcohol test when arrested on suspicion of a DUI. Read More: How to Check Driver's License History. You will be responsible for the costs, which include: If you are convicted of a DUI
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. A driver committing these violations, even when operating a noncommercial vehicle, may face penalties of a one-year license suspension for their first offense. What are the standard DUI field sobriety tests? 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.'. 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. The court may also require you to attend an alcohol education program and complete community service. Then, you count to 30 out loud. DUI 1st Offense: A minimum sentence of 48 hours in the county jail or workhouse up to 11 months and 29 days. The officer instructs you to move forward nine steps in a straight line, touching heel-to-toe on each step. If the child is harmed, the offender will be locked away for between 2 to 12 years and fined a minimum of $5000. 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. The costs associated with a DUI conviction are both significant in both time and money. Often, our team answers all types of questions related to DUIs length of sentencing, likelihood of jail time, details on penalties, legality of stop, and more. In Tennessee, the estimated cost of a DUI bail is around $1500 for a misdemeanor DUI charge. For a second-time offense, the license suspension is two years. 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. Third time offenderswill not be eligiblefor a restricted license. I could not be happier with the settlement I received in my auto accident. Tennessee has some of the strictest DUI laws in the country, and the penalties for a first time DUI can be severe. DUIs carry harsh penalties, one of them being the loss of your driving privileges. In Tennessee, a driver is considered a second DUI offender when the driver has one prior DUI conviction within the past ten years. In addition to the penalties listed above, the judge will suspend the driver's license for one year. Leasing, maintenance, and/or monitoring fee: Maximum $100 per month. However, it is important to remember that these penalties apply only if you are convicted. This depends on the specifics of the drunk driving incident, particularly on the amount of alcohol that was in their system at the time. One of the terms of a restricted license is that you can only operate a vehicle when using an IID. In Tennessee, DUI carries significant penalties. In states that recognize a DUI and a DWI as two separate offenses, a DWI charge is usually the more severe one. A person suspected of impairment does not have to be actually driving for an arrest to occur. A fine not less than $350.00 nor more than $1,500.00 will be imposed in addition to court costs. | Sitemap. This is known as driving while intoxicated, or DWI. While technically a misdemeanor in Tennessee, a DUI charge can come with a plethora of consequences, including: jail time, suspension of license, court costs, fines, community service, higher insurance rates, and adverse effects on your career. A first offense DUI in Tennessee is a Class A misdemeanor. You will be eligible for a restricted license after 1 year of revocation. In general, a first DUI charge is considered a misdemeanor, leading to community service, fines, a license suspension, and probation in many cases. The average cost of a first-offense DUI is nearly $6,000. Criminal Penalties Six months probation fee costs $346, while a 12 months cost $466, and a monthly probation fee costs $30. Tennessee monetary fines are also flexible, but also escalate rather quickly on the high end of the scale: First offense - fine will range from $350 to $1,500. Do Not Sell or Share My Personal Information, passenger under the age of 18 in the vehicle, Do Not Sell or Share My Personal Information. 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. 2 times in 5 years, you will be required to pay for an ignition interlock device and keep it in your vehicle for 6 months after you reinstate your TN driver's license. 1st offense crash involving death: 5 years. No matter what your situation is, we will work diligently to ensure you receive the best possible outcome for your case. You must turn appropriately, then repeat the steps in the opposite direction. However, there are other factors that can affect the nature or level of your charge, leading to greater penalties and sentences. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The first three DUI convictions will have a maximum amount of jail time of eleven months and twenty-nine . A first-time DUI offense in Tennessee is no small matter. Additionally, if this is your third DUI offense, you will be subject to a 6-year driver's license revocation. 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. 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. While it is doubtful that a prosecutor will dismiss the charge of a DWI offense in Tennessee, the offender could get an attorney to plea for the reduction of a DWI charge to a lesser offense. 11 months, 29 days suspended sentence. In Tennessee, the only distinction between these two charges is the offender's age. If you are unable to follow the motion or your eyes begin to twitch, you give an indication that you are intoxicated. For more information about what may be required to reinstate your driver's license, please visit our Suspended License in Tennessee page. However, most first offense Tennessee DUI sentences are suspended and served on probation. Let us assist you every step of the way. This article covers the basics of Tennessee's DUI laws, including the consequences of a first, second, and third DUI conviction. 1st Time DUI Offender .08 (BAC) [55-10-401] [55-10-403] 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 We are dedicated to protecting your rights and advocating for your best interests. The penalties for a first-time DUI offense include jail time of between 48 hours to 11 months, mandatory fines, suspension of driver's license for one year, and community service. Is under 21 in possession of a noncommercial license and has a BAC of 0.02 percent or greater. For a 3rd offense of a DUI, you may face: 120 days to 11 months and 29 days in jail. Since your arrest means that you displayed probable cause for driving under the influence, Tennessees implied consent law states that you consent to taking one of the BAC tests blood, breath or urine. 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. In some cases, however, a first-time DWI offender can get a DWI charge reduced to a DUI charge instead. However, the length of suspension can vary based on the details of the arrest. Your license will be revoked otherwise, and your refusal will be used against you in court. For instance, a DUI offender serving jail time could be allowed to do a jail sentence with a work-release. Penalties and Sentences Tennessee has mandatory jail time for first time DUI offenders. If your BAC level was at or more than 0.20 percent, you could face seven (7) days in jail. 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. Tennessee First Offense DUI Penalties 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. 48 hours to 11 months and 29 days in jail. In Tennessee, a first DUI offense is considered a Class A misdemeanor charge. Simply put: if you are in this situation, take the BAC test. A mandatory fine of $600 - $3500 is also required of the offender. After the minimum jail sentence is served, the judge can suspend the remaining jail term and place the driver on probation. A driver faces their first DUI if they have had no prior convictions in the past 10 years. 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 offender may also be subject to community service. After the offender completes the minimum jail time, the judge can order the offender to perform highway cleanup or to work at a recycling center in lieu of or in addition to the other penalties. 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. 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. Fines of $1,100 to $10,000. Probation fees are also charged depending on the length of time. You may also be required to have an ignition interlock device (IID) installed on your vehicle when your license is reinstated or if you are eligible for a restricted license. 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. $75 fee, if you did not surrender your driver's license at the time of revocation/suspension. A driver faces their first DUI if they have had no prior convictions in the past 10 years. This is a Class A felony in the state. This field is for validation purposes and should be left unchanged. Legal Beagle: What Will My Probation Officer Do If I Fail an Alcohol Test?