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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. For a 3rd offense of a DUI, you may face: 120 days to 11 months and 29 days in jail. Its also possible that you could receive a longer jail sentence if the judge deems it appropriate (up to 11 months and 29 days) but this is typically reserved for more serious offenses. 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. 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. Third DUI Offense. In .css-9c6ohv{font-style:normal;font-variant:normal;font-weight:400;font-size:14px;line-height:22px;font-family:"Arial",serif;color:#1b395e;text-transform:none;font-style:normal;-webkit-text-decoration:underline;text-decoration:underline;}.css-9c6ohv:hover{color:#d30000;}Tennessee, a DUI (Driving Under the Influence) is the act of operating a vehicle while drunk or intoxicated. From 48 hours to 11 months and 29 days of jail time. Third offense - fine will range from $1,100 to $10,000. Penalties and Sentences Tennessee has mandatory jail time for first time DUI offenders. You must go through the proper steps with the Tennessee Department of Safety. 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. At anytime during this 3-year period if there is a lapse in yourTennessee SR22 insurancecoverage, your insurance provider is obligated by law to immediately inform the Tennessee DOS of the lapse. Here, the officer is testing your ability to balance and your endurance. 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. 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. A driver who had a BAC of .20% or more will face a minimum of seven days in jail for a first-offense DUI conviction. In Tennessee, a person convicted of DUI usually has the license revoked, even as a first-time offender. First-time DUI offenders in Tennessee may be issued a work-release while still serving jail time, while some areas may permit the offender to complete 400 hours of community service in place of the 48 hours and 7-days jail minimums. Then, blue lights in the rearview. 200 Jefferson Ave #1250 No, you are not legally required to perform any field sobriety test in Tennessee. A judge could also order the offender to complete a substance abuse program. A third DUI in Tennessee is also considered a misdemeanor that carries a minimum of 120 days of jail time and a maximum of 11 months and 29 days of jail time. We work hard every day to deliver each client a high quality, personalized and aggressive representation. NOTE:Sentence length depends on a number of factors, including the persons criminal history, Implied Consent/Refusal to Submit to Blood Alcohol T.C.A. 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. Feel free to call our team at 901-526-9494 or send us a message about your case. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. Along with risking your own life and the lives of others, you can face Read More: What Will My Probation Officer Do If I Fail an Alcohol Test? Knowing the law around drunk driving in Tennessee will help drivers avoid more severe consequences than they may already experience. In Tennessee, DUI carries significant penalties. If you are convicted of a first DUI offense, you will be subject to a 1-year license revocation. 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 Education Classas a second time offender.Vehicle forfeiture:Second time offenders may be subject to having theirvehicle seizedand forfeited to the state.Test refusal:A second offense refusal will result in a 2 year license revocation. A driver's license suspension/revocation of 6 years. 57-5-301), Drug Free Youth Act Offenses (Ages 13 17) T.C.A. It is imperative to note that the higher your BAC level, the more severe the penalties. A fee of $17.50 is charged for a breath test refusal. Those ages 13 to 17 face license suspension until they reach 17 or for one year, whichever comes later. Our team is happy to look into your case. The penalties for a DUI/DWI in Tennessee are heavy. Unlike a driver with a noncommercial license, both state and federal DUI laws impact CDL holders. 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 . A conviction carries 150 days to six years in prison and $3,000 to $15,000 in . This field is for validation purposes and should be left unchanged. First offense (ages 13 to 17): A license suspension of one year or until the offender reaches 17, whichever is longer. The offender would have to retake the driver's examination. According to the Tennessee Department of Safety and Homeland Security, a first-offense DUI is a misdemeanor. In addition to the penalties outlined above, you will be required to carry high risk insurance, called SR-22, for five years and your insurance premiums will increase. 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. If you lift your arms, put your foot down, or are unable to count to thirty (30), you show signs of intoxication. 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. The average cost of a first-offense DUI is nearly $6,000. However, most first offense Tennessee DUI sentences are suspended and served on probation. What steps should I take after sustaining an injury while visiting a public place. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. After the minimum jail sentence is served, the judge can suspend the remaining jail term and place the driver on probation. DUI charges reduced to reckless endangerment, or reckless driving can be eligible for expungement. If the second DUI came within five years of the first, then you will be required to have an ignition interlock for six . Before you can apply for a restricted license, you are required to install an ignition interlock device (IID) in your vehicle. 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. 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. 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. In Tennessee, a first DUI offense is considered a Class A misdemeanor charge. The minimum cost for an IID for a year is $1,000. A Tennessee second offense DUI conviction is a Misdemeanor offense and carries the following penalties: Jail time:A second offense conviction will result in a minimum jail sentence of 45 days up to a maximum jail sentence of 11 months and 29 days.Fines:The fine amount for a second offense will be between $600 to $3,500 plus associated court costs. Each case is unique in the court of law. 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. For a second-time offense, the license suspension is two years. 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. Hence, if an offender is arrested for a second DUI offense within ten years of the prior offense, though it may be an out-of-state arrest, it is still counted as a DUI charge nonetheless and treated as a repeat DUI charge. The crime is a serious offense that places all others on the road in danger. After a few hours of drinks and discussions, you realize its time to head home. 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. Our goal is to help you understand the steps that will be taken by the court system, and to give you a better idea of what to expect as your case moves forward. If the person's blood alcohol level is .20% or higher a minimum sentence of 7 consecutive days must be served. If a law enforcement officer has probable cause to suspect impairment in a driver and requests a breath or urine test, submission is mandatory. While you can refuse to take the test to determine your BAC, we highly recommend that you perform the test. Your license can be revoked for one year. As usual, a DUI offender must complete a substance abuse program and could be ordered to wear an alcohol-monitoring ankle bracelet. Notwithstanding, persons within 18-20 can be charged with either one. Join 1,972,984 Americans who searched for Car Insurance Rates: Start Your Ignition Interlock Application Process. If you are convicted of a first DUI offense, you will be subject to a 1-year license revocation. Let us assist you every step of the way. Installation of an ignition interlock device on a vehicle may be applicable. However, the length of suspension can vary based on the details of the arrest. The court will prohibit a convicted person from driving a vehicle in the state of Tennessee for a period of one year. First time offenders will be eligible for a restricted license if they meet therequirementsfor one. Can I refuse to take a blood alcohol concetrationtest? 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. However, there are other non-court related consequences of a DUI conviction that an offender has to deal with, such as: Yes, a DUI offender could get fired from one's job, but this depends on the type of job in question and the nature of the conviction. 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. You know your limit, and you think you are good to drive home. 1 st Offense. If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. Several possible aggravating factors include the following: You will also have to pay a license reinstatement fee to the Department. First-time offenders will also have to pay fines that are no more than $1,500 and no less than $350. Keep in mind, though, that these are minimum jail sentences; it is possible even for first-time offenders to face up to 11 months and 29 days in jail for a DUI in Tennessee. However, if your BAC was .20 or higher, your minimum sentence increases to 7 days. While driving a commercial vehicle, they have a BAC of 0.04% and above. You will also have to pay a license reinstatement fee to the Department. Loss of drivers license for one year. Contact one of our DUI laywers in Memphis to walk you through any situation. They may, however, apply for early withdrawal of the suspension after 90 days or apply for a restricted license. A mandatory fine of $600 - $3500 is also required of the offender. What are the standard DUI field sobriety tests? What's the legal blood alcohol concentration in Tennessee? Like many states Tennessee has a "implied consent" law. With detailed guidelines paired with a focus on balance, intoxicated drivers may struggle to perform well. Probation fees are also charged depending on the length of time. DMV.org states that a CDL driver who has a BAC of 0.04 percent or higher, shows impairment by a controlled substance while operating a vehicle, or refuses to take a chemical test is in violation of the states implied consent law. Your message has been received and a Interlock Specialist will contact you shortly. As a condition of probation, the offender will generally have to complete a substance abuse assessment and DUI education course. 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. Suspension of a commercial driver's license for a year and for a second DUI offense, the license is revoked for life. 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. To be fairly represented in an DUI case no matter if its your first offense or if youre a repeat offender you need an experienced, trained lawyer who clearly understands the laws and the court system. Highway cleanup. If the vehicle operator has at least two prior DUI convictions, a prior vehicular assault or homicide conviction, or a prior DUI with a BAC of 0.20 percent or higher, they face a Class A felony charge. According to NOLO, if they are sitting in the driver's seat on a public road while impaired, that may be enough. 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. DUI probation could include completing a substance abuse program and any other recommendations given by the judge. In fact, drunk driving is the number one killer on Tennesee's roads and has been since 2012. You will be eligible for a restricted license.Ignition interlock:The court may order you to have anignition interlock deviceinstalled on your vehicle as a condition of getting a restricted license or having your license reinstated at the end of your revocation period.License suspension:Your license will be revoked for 1 year following a first offense. Your Violating Tennessee's implied consent law results in a one-year license revocation for a first offense. Tennessee's law is one of the most strict. Costs include bail money, towing, SR-22 insurance, court costs, mandatory education courses, ignition interlock device installation, as well as reinstatement fees. A mandatory fine of $1100 to $10000 is required of the offender, and the driver's license is revoked for six years with the forfeiture of the vehicle. The program helps individuals who want to have their driver's license reinstated or are court ordered to participate in a DUI school program. Still, the probation period could last for as long as 11 months and 29 days with an order to complete a substance abuse assessment. The officer asks you to watch a finger or pen as it moves. Consequences can vary, though you can expect to spend 48 hours in jail, and significantly more time than that after the first offense. 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. This website is designed for general infomation only. Then, you count to 30 out loud. A DUI is a first offense in Tennessee if the driver has no prior DUI convictions that occurred within the past ten years. Its unavoidable. I could not be happier with the settlement I received in my auto accident. The Tennessee Department of Safety and Homeland Security is tasked with enforcing the state's DUI statutes. It signals a higher level of intoxication, so DWI offenders are issued harsher penalties. One of the terms of a restricted license is that you can only operate a vehicle when using an IID. If you are convicted of DUI you will be subject to license suspension or revocation. You must turn appropriately, then repeat the steps in the opposite direction. A TN driver's license suspension/revocation for 1 year. 0.08%. The costs associated with a DUI conviction are both significant in both time and money. Mandatory 7 days in jail if BAC is over .20%. You are asked to follow only with your eyes and not your head. 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. 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. A successful reduction will often result in the avoidance of jail time, loss of driving privileges, and other reduced penalties. The court may also require you to attend an alcohol education program and complete community service. Tennessee does not consider a DUI or a DWI charge based on the substance used but on the offender's age. When you are charged with a DUI, Tennessee law defines it as a class A misdemeanor. 11 months, 29 days suspended sentence. Mandatory installation of an ignition interlock device. 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. A number of factors can affect sentencing, but this article address the minimum and maximum penalties and consequences for a first DUI 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. Providing proof of car insurance with an SR-22. 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. 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. 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. Offenders under 21 are charged with a DWI, while a DUI charge is given to a person above 21. A driver who kills someone due to impairment can face a Class B felony for vehicular homicide. Speak with a state-approved provider, Intoxalock, Locate an installation center near you - get a quote for pricing. 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. The driver can apply for a restricted license to get to work, school or court during this time. A first time DUI offender can face a minimum of 48 hours in jail which is required by law and you could face up to 11 months and 29 days in jail. You will be eligible for a restricted license during revocation period with the use of an ignition interlock.Ignition interlock:An ignition interlock will be required during restricted driving period and for an additional 6 months once your license is fully reinstated.License suspension:Your license will be revoked for 2 years following a second offense. DUI 1st Offense: A minimum sentence of 48 hours in the county jail or workhouse up to 11 months and 29 days. 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. A fee of $250 is fined for reckless driving. License revocation of one year. Please fill out the form below or call us at (901) 526-9494. 2 nd Offense. It also stays on an offender's criminal record for life. But if the driver had a blood alcohol content (BAC) of .20% or greater, the minimum jail time is seven days. 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. Under Tennessee Code Annotated section 40-32-101(G), Tennessee law provides parameters for expungement as follows: While some other states may be more lenient with first time DUI offenders and tend to let first time offenders go on probation, the state of a Tennessee gives mandatory jail time to first time offenders of at least 48hours and with a BAC of 0.2% or higher, the minimum jail time is 7 days and the maximum could be 11 months and 29days for even a first time DUI offenders and a mandatory fine of $350-$1500, A DUI charge in Tennessee can be very financially demanding as the Tennessee laws and penalties are structured to discourage drivers from driving 'under the influence.'. Typical penalties in Minnesota for a first DUI offense are potential jail time and or loss of driving privileges for a minimum of 30 days.