Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. A driver's license suspension/revocation of 2 years. In states that recognize a DUI and a DWI as two separate offenses, a DWI charge is usually the more severe one. 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. Court and administrative costs of up to $4,900. Contact us now for more information or to schedule a free consultation. 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. However, if your BAC was .20 or higher, your minimum sentence increases to 7 days. 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. Its important to remember that each case is unique, and the outcome will depend on the specific facts and circumstances of your situation. 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. You enjoyed your night on the town with your friends, catching up and making jokes. A driver who causes injury to another person while impaired faces a Class D felony. Fourth or subsequent time offenderswill not be eligiblefor a restricted license. Ultimately, it's up to the judge to determine the actual fines and jail time within the following parameters. 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. They may also be fined between $350 to $1500 and face a one-year license suspension. While you can refuse to take the test to determine your BAC, we highly recommend that you perform the test. 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. Copyright 2019 Barnes & Fersten. A driver who kills someone due to impairment can face a Class B felony for vehicular homicide. For instance, a DUI offender serving jail time could be allowed to do a jail sentence with a work-release. 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. In some cases, however, a first-time DWI offender can get a DWI charge reduced to a DUI charge instead. We work hard every day to deliver each client a high quality, personalized and aggressive representation. In the unfortunate event that you have been charged with DUI, it is imperative to retain the legal services of one of our adept and skilled team members. What's the legal blood alcohol concentration in Tennessee? A second offense violation while carrying hazardous materials will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again. Third time offenderswill not be eligiblefor a restricted license. The first three DUI convictions will have a maximum amount of jail time of eleven months and twenty-nine . 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. Any trace of alcohol can result in a DWI charge. A DUI is a first offense in Tennessee if the driver has no prior DUI convictions that occurred within the past ten years. 200 Jefferson Ave #1250 Feel free to call our team at 901-526-9494 or send us a message about your case. Your message has been received and a Interlock Specialist will contact you shortly. Tennessee does not consider a DUI or a DWI charge based on the substance used but on the offender's age. 48 hours to 11 months, 29 days (7-day minimum with a .20% BAC or more) This blog is intended to provide some basic information about the DUI process in Tennessee. You may also be required to complete an alcohol and drug treatment program. This will permit the driver to operate a vehicle for work, school, or health, but this is also issued with an order that an Ignition interlock device is used during the suspension period to regulate the driver's movement. 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. 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 Tennessee's Felony DUI Penalties. A driver will not face penalties for refusing to take a blood test, unless an officer has a warrant. In this case, the offender's vehicle is equipped with an ignition interlock device to monitor or restrict their driving while intoxicated. A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an out-of-service notice and will not be allowed to drive for the next 24-hours. You will also have to pay a license reinstatement fee to the Department. Tenn. Code Ann. A judge may also order the convicted driver to install an ignition interlock device (IID) at their own expense. 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. Subscribe to stay in the loop & on the road! Memphis, TN 38103Phone: 901-464-4425Fax: 901-525-6294, 2023 Ballin, Ballin & Fishman. A commercial driver faces the highest risk of losing their job since insurance companies are unlikely to provide coverage to DUI offenders. 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. Your license can be revoked for one year. You will be eligible for a restricted license after 1 year of revocation. After 90 days, the driver may apply for early withdrawal of their license suspension. In addition to the penalties listed above, the judge will suspend the driver's license for one year. But if the driver had a blood alcohol content (BAC) of .20% or greater, the minimum jail time is seven days. A first offense DUI in Tennessee is a Class A misdemeanor. 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. Its important that you speak with an experienced DUI lawyer who can help you determine what steps are necessary to seek a reduction of charges in your specific case. Providing proof of car insurance with an SR-22. Because every case and individual are different, only attorneys who practice DUI defense day in day out will be able to give you good advice as to the best way to handle your defense. As the number of DUI offenses, a motorist commits increases, their potential jail time, fines, and sanctions increase alongside, depending on their severity. Allow us to fight on your behalf today! Your license will be revoked otherwise, and your refusal will be used against you in court. The judge can grant a temporary restricted license, which allows the driver to operate a vehicle for work, school, or treatment purposes. 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. If your BAC level was .20% or greater you will have to spend a minimum of 7 days in jail.Fines:The fine amount for a first offense will be between $350 to $1,500 plus associated court costs. This field is for validation purposes and should be left unchanged. In Tennessee, a person convicted of DUI usually has the license revoked, even as a first-time offender. Why? 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. You will be responsible for the costs, which include: If you are convicted of a DUI 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. After a few hours of drinks and discussions, you realize its time to head home. I could not be happier with the settlement I received in my auto accident. 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. The maximum jail sentence for a first DUI is 11 months and 29 days.
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