Tennessee Drunk Driving Laws and Penalties

Tennessee Drunk Driving Laws and Penalties

We at The Law Office of Jordan Sluder that finding the right attorney to represent you is a choice not to be taken lightly. That’s why we offer free consultations to walk you through your needs, the scope of your goals, and your budget.

What is the DUI law in Tennessee?

All driving and physical control over a vehicle is prohibited if
  • A driver has a .08% blood alcohol content (BAC)
  • A driver is operating a commercial vehicle at a .04% (BAC)
  • A driver is under the influence of any intoxicant, marijuana, controlled substance, or drug

What does “under the influence” mean in Tennessee?

Accurately defining “Under the influence” is difficult. The state of Tennessee considers it being impaired in a way that affects a person’s ability to operate a vehicle. But, under the influence can mean different things for different people. A person’s age, weight, and gender can all affect this. 

Tennessee DWI Penalties

A judge decides penalties based on legal parameters. They will often look at prior DUIs in recent years. A judge has the right to look at your 20 year history as well. Other states’ offenses can also be factored in. It is important that each DWI experience be handled appropriately by an attorney because this history can come back into play in the future. 

What typically happens with the 1st DUI offense in Tennessee?

Jail time can range from 48 hours to 11 months, 29 days. There is a seven day minimum with a .20% BAC or more. Fines can range from $350 to $1,500.

What happens with the 2nd DUI offense?

Jail time can range from 45 days to 11 months, 29 days. The fines can range from $600 to $3,500.

What happens with the 3rd DUI offense?

A person can see 120 day to 11 months, 29 days in jail. There is also an increased fine of $1,100 to $10,000.

What are some other possible DUI consequences?

Some judges allow work-release, meaning a person is allowed to go to their job every day, but return to jail at night.

Probation is often the result of leaving jail early. Many offenders have probation if the judge believes enough time has been served. This usually includes having to complete a substance abuse assessment and follow any recommendations.

A judge can also order a person to hand over their car if it was used during a DUI offense. This is called vehicle forfeiture.

What are the Driver’s License Sanctions in Tennessee?

The court will order the driver’s license to be suspended for the following offenses:
  • First offense: one year suspension
  • Second offense: two year suspension
  • Third offense: six year suspension
  • Commercial licenses will be revoked permanently if the driver was operating a commercial vehicle. 
A judge can grant a restricted license. This means a driver convicted of a DUI could potentially be allowed to drive to work, school, and treatment only. This type of limitation might employ the use of an ignition interlock device (IID).

What is implied consent? Can you refuse a chemical or breath test in Tennessee?

Implied consent laws state that a person lawfully arrested in Tennessee must submit to a breath test. An officer, however, must have a warrant before conducting a blood alcohol test. So this test can be refused until a warrant is produced. An unlawful refusal leads to a one-year suspension of a driver’s license.  

Is there any chance of plea bargaining in Tennessee DUI cases?

It is hard to get a prosecutor to completely dismiss a DUI case with lawfully obtained evidence. A good path is to try to get the sentence reduced. Tennessee law doesn’t prohibit reducing DUI charges to lesser charges. 

Call the Law Offices of Jordan Sluder today if you or a loved one has been involved in a DUI case in Tennessee. We believe that every case is defensible.
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