However, if your BAC was .20 or higher, your minimum sentence increases to 7 days. 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. If you need proper representation for your DUI charge in Tennessee, contact the Memphis DUI lawyers at The Chiozza Law Firm. 2 nd Offense. Speak with a state-approved provider, Intoxalock, Locate an installation center near you - get a quote for pricing. How do I get my driver's license back after a DUI? Loss of drivers license for one year. Underage drivers with a BAC of 0.08 percent or higher face slightly different penalties to those of a standard DUI. We offer a free consultation to review your situation, so dont hesitate to call us today. The maximum jail sentence for a first DUI is 11 months and 29 days. You will also have to pay a license reinstatement fee to the Department. Driver's license application fees and tests. If youve been charged with DUI, its important to seek legal advice from an experienced Tennessee DUI attorney. The offender may also be subject to community service. According to federal and state laws, motorists must cease operating a vehicle if their BAC (blood alcohol content) is 0.08% or more. 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. Why? In some cases, however, a first-time DWI offender can get a DWI charge reduced to a DUI charge instead. Requirement of an SR-22 for several years after conviction. 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. In this case, the offender's vehicle is equipped with an ignition interlock device to monitor or restrict their driving while intoxicated. One of the most common questions we receive from clients is about potential jail time. It is imperative to note that the higher your BAC level, the more severe the penalties. Its unavoidable. 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. Ultimately, it's up to the judge to determine the actual fines and jail time within the following parameters. Other consequences 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. This depends on the specifics of the drunk driving incident, particularly on the amount of alcohol that was in their system at the time. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. In Tennessee, a DUI is defined as driving a vehicle with a blood alcohol concentration (BAC) over the legal limit of A first DUI offense carries mandatory jail time of 48 hours, a fine of $350-$1,500, and the revocation of your driver's license for one year. 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. Generally, Tennessee considers the first three DUI offenses to be misdemeanors. Along with risking your own life and the lives of others, you can face Your penalties and requirements may Still, the probation period could last for as long as 11 months and 29 days with an order to complete a substance abuse assessment. 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 distinguishing factor between a DUI and a DWI are the substances that the offending motorist ingested before their arrest. 11 months, 29 days suspended sentence. In states that recognize a DUI and a DWI as two separate offenses, a DWI charge is usually the more severe one. With detailed guidelines paired with a focus on balance, intoxicated drivers may struggle to perform well. A TN driver's license suspension/revocation for 1 year. You enjoyed your night on the town with your friends, catching up and making jokes. Anyone between the ages of 16 and 18 who is found to have consumed alcohol or drugs and has a BAC level of .02% or greater is guilty of committing a Delinquent Act and will have their drivers license suspended for 1-year and will have to pay a $250 fine. If a driving under the influence offense results in a crash causing injuries to another person and you refuse to submit to a chemical test your license will be revoked for 2-years or 5-years if the crash resulted in a death. Those ages 13 to 17 face license suspension until they reach 17 or for one year, whichever comes later. A mandatory fine of $600 - $3500 is also required of the offender. DUI law is complicated and the facts of each case are different. 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. However, a first time DUI can give you up to 11 months and 29 days in jail and a $350-$1,500 fine. This website is designed for general infomation only. 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. Consequences can vary, though you can expect to spend 48 hours in jail, and significantly more time than that after the first offense. Criminal Penalties While you can refuse to take the test to determine your BAC, we highly recommend that you perform the test. A DUI is a first offense in Tennessee if the driver has no prior DUI convictions that occurred within the past ten years. 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. Attorney Advertising. After the minimum jail sentence is served, the judge can suspend the remaining jail term and place the driver on probation. Shows obvious impairment by intoxicants, including marijuana or other controlled substances alone or in combination with alcohol. The officer instructs you to stand on one foot while lifting the other foot six inches off the ground. Thousands of people are arrested for DUI each year in Tennessee, and almost all of them will have questions about what happens next. For instance, a DUI offender serving jail time could be allowed to do a jail sentence with a work-release. However, DUIs are typically prosecuted with more force and swifter action than most misdemeanors. 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. A driver's license suspension/revocation of 2 years. 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. 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. If you are convicted of a first DUI offense, you will be subject to a 1-year license revocation. Allow us to fight on your behalf today! Memphis, TN 38103Phone: 901-464-4425Fax: 901-525-6294, 2023 Ballin, Ballin & Fishman. 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. In Tennessee, the only distinction between these two charges is the offender's age. If this is a first offense violation, your license will be revoked for 1-year for a test refusal. 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. 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. Then, blue lights in the rearview. A fee of $250 is fined for reckless driving. Steve Whiston - Fallen Log Photography/Moment/GettyImages, What to Expect From aFirst OffenseOWIinMichigan: Laws, Penalties & Charges, Tennessee Department of Safety and Homeland Security. 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. Driving under the influence of alcohol/drugs (DUI/DWI) is a serious offense in Tennessee and can carry heavy consequences. The court will prohibit a convicted person from driving a vehicle in the state of Tennessee for a period of one year. The first three DUI convictions will have a maximum amount of jail time of eleven months and twenty-nine . 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. If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. However, the amount is $2000 for a felony DUI charge, from a fourth DUI charge and above. Knowing the law around drunk driving in Tennessee will help drivers avoid more severe consequences than they may already experience. While Tennessee has several laws that determine DUI penalties, the judge determines the final penalties. They may, however, apply for early withdrawal of the suspension after 90 days or apply for a restricted license. A judge could release an offender on probation after successfully serving the minimum jail time. A DUI is a misdemeanor in Tennessee, specifically a class A misdemeanor; however, the fourth DUI conviction, is a class E felony. However, a judge has the ultimate power within the already set parameters to consider any prior DUIs within the past 20 years and determine the offender's actual fines and jail times as factors such as injury, accidents, and deaths could affect the penalties. 55-10-701) & Underage Possession of Alcohol (Age 18 -21) (T.C.A. 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. 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 schoolas a fourth or subsequent time offender.Vehicle forfeiture:Fourth or subsequent time offenders may be subject to having their vehicle seized and forfeited to the state.Ignition interlock:At the judges discretion he or she may order you to have anignition interlock deviceinstalled on your vehicle as a condition of having your license reinstated at the end of your revocation period. 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.'. Mandatory installation of an ignition interlock device. 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. First-time Tennessee DUI offenders face jail time of between 48 hours to 11 months. In some states, the information on this website may be considered a lawyer referral service. We have the expertise and experience to partner with you through the process. While driving a non-commercial vehicle, at under 21 years old, they have a BAC "blood alcohol content'' of 0.08% or more.

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