have you been charged with a dui or dwi in tennessee?
What is a DUI (DWI)?
In Tennessee, it is unlawful to “drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park, apartment house complex, or any other premises that is generally frequented by the public at large, while:
- Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess; OR
- The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (0.08%) or more; OR
- With a blood alcohol concentration of four-hundredths of one percent (0.04%) or more and the vehicle is a commercial motor vehicle as defined by statute.
Note: The language of the statute allows for a person to be charged with DUI if they are found asleep in a parked car even though they are not actually driving the vehicle. Also, prescription drugs may affect one’s ability to operate a vehicle and provide a basis to be charged with DUI.
DUI Punishments:
DUI (1st Offense)
The sentence is 11 months and 29 days (Probationary Period)
» Punishable by up to 11 months and 29 days in custody with a mandatory minimum of 48 hours in jail.
» If your blood alcohol content (BAC) is above .20%, punishment may
be enhanced to a mandatory minimum of 7 days in jail.
» If convicted, your driver’s license will be revoked for a period of one
year; however, in certain circumstances, it may be possible to obtain a
restricted license.
» There is a mandatory minimum fine of $350 up to $1,500.
» In addition, a mandatory alcohol and drug addiction fee of $100.
» Mandatory DUI School or Victim Impact Panel
» Highway litter pickup may be ordered by the Court
» Ignition Interlock Device (IID) is mandatory unless the Court finds
that an ID is not required. An IID is required for 365 consecutive days OR for the entire period of license revocation, whichever is longer.
DUI (2nd Offense)
Probationary Period is 11 months and 29 days including the time spent in
jail.
» Mandatory minimum jail sentence is 45 days up to 11 months and
29 days
» Minimum fine of $600 up to $3,500
» Mandatory $100 alcohol and drug addiction fee
» License revoked for 2 years
» May be eligible for restricted license with Ignition Interlock Device (IID)
» DUI school required to regain license and mandatory requirement
to attend alcohol rehabilitation program
» May be subject to vehicle forfeiture
DUI (3rd Offense)
Probationary Period is 11 months and 29 days including the time spent in
jail.
» Mandatory minimum jail sentence is 120 days up to 11 months and 29 days
» Minimum fine of $1,100 up to $10,000
» Mandatory $100 alcohol and drug addiction fee
» License revoked for 6 years
» May be eligible for restricted license with Ignition Interlock Device (IID)
» DUI school required to regain license and mandatory requirement
to attend alcohol rehabilitation program
» If you have a prior DUI conviction within the past 5 years, an Ignition Interlock Device is required with license reinstatement
» May be subject to vehicle forfeiture
DUI (4th or 5th Offense)
Conviction of a 4th or 5th DUI offense is a Class-E Felony
Probationary Period is 1-6 years including the time spent in jail
» Mandatory minimum jail sentence is 120 days up to 6 years
» Minimum fine of $3,000 up to $15,000
» Mandatory $100 alcohol and drug addiction fee
» License revoked for 8 years
» May be eligible for restricted license with Ignition Interlock Device (IID)
» DUI school required to regain license and mandatory requirement
to attend alcohol rehabilitation program
» If you have a prior DUI conviction within the past 5 years, an Ignition Interlock Device is required with license reinstatement
» May be subject to vehicle forfeiture
DUI (6th or Greater Offense)
Conviction of a 6th or greater DUI offense is a Class-C Felony
Probationary Period is 3-15 years
» Mandatory minimum jail sentence is 150 days (served at 100%) up to 15 years in prison
» Minimum fine of $3,000 up to $15,000
» Mandatory $100 alcohol and drug addiction fee
» License revoked for 8 years
» May be eligible for restricted license with Ignition Interlock Device (IID)
» DUI school required to regain license and mandatory requirement to attend alcohol rehabilitation program
» If you have a prior DUI conviction within the past 5 years, an Ignition Interlock Device is required with license reinstatement
» May be subject to vehicle forfeiture
Other DUI Charges
- DUI by Consent
- Underage DUI