Contact us now for more information or to schedule a free consultation. Several possible aggravating factors include the following: However, between court costs and legal fees, you could end up paying well over . We have the expertise and experience to partner with you through the process. If you are convicted of a first DUI offense, you will be subject to a 1-year license revocation. Per Tennessee law55-10-415it is a Class A Misdemeanor for anyone under the age of 21 but older than 18 to drinking and drive with a blood alcohol concentration of .02% or greater. This field is for validation purposes and should be left unchanged. If this is your second DUI offense, you will face a 2-year license revocation. And that's just naming a few. We are dedicated to protecting your rights and advocating for your best interests. A judge may also order the convicted driver to install an ignition interlock device (IID) at their own expense. 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. License revocation of one year. The Chiozza Law Firm has years of experience as Memphis DUI lawyers and are ready to represent you. The best way to find a checkpoint in Tennessee is through mass media outlets such as TV, radio, PSAs ( Print Service Announcements), billboards, and brochures, as over the years, they have been heavily publicized on these platforms. If your blood alcohol content (BAC) is above 0.08%, you . 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. Your license can be revoked for one year. 1 st Offense. 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. It is not necessary for a person who has been stopped on suspicion of driving under the influence to display the signs one would typically associate with someone who is under the influence. With detailed guidelines paired with a focus on balance, intoxicated drivers may struggle to perform well. It also stays on an offender's criminal record for life. Six months probation fee costs $346, while a 12 months cost $466, and a monthly probation fee costs $30. 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. 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.'. You would also be required to pay court costs related to your DUI offense. 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. Tenn. Code Ann. One of the most common questions we receive from clients is about potential jail time. If you are younger than If a driver is arrested for a DUI but happens to be conducted on a lesser charge like reckless driving, the offender's record will still show the original charge as a DUI charge. Individuals convicted for a DUI first offense can expect to spend at least 48 hours in jail and you will be ordered to participate in an alcohol and drug education program. This can occur based on several different factors, including the strength or weakness of the evidence against you, legal issues that can be raised in court, your efforts to demonstrate acceptance of responsibility and to address any underlying substance abuse problem, and many other considerations. A driver under the age of 21 who is impaired by alcohol, drugs or a combination of the two faces either adult DUI penalties or those that are less severe. 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. There are three standard field sobriety tests that officers in Tennessee and across the country use to help determine probable cause for drunk driving. 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. One of the terms of a restricted license is that you can only operate a vehicle when using an IID. Jail time of 45 days to 11 months and 29 days in jail. The average cost of a first-offense DUI is nearly $6,000. However, the majority of DUI arrests involve the following steps to reinstate your license: Involvement is an DUI case is stressful, time-consuming, and life-altering. 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. 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. Again, you will only lose your license if you are actually convicted of DUI. Offenders may also be required to install an ignition interlock. 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. Compare over 50 top car insurance quotes and save. Read More: How to Check Driver's License History. Attorney Advertising. 2023 Chiozza Law Firm All Rights Reserved, Tennessee Department of Safety and Homeland Security. A person operating a commercial motor vehicle in the state of Tennessee while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test is in violation of the states laws regarding CDLs and will be arrested for DUI and your CDL will be revoked for a period of 1-year following a first offense violation. When you are charged with a DUI, Tennessee law defines it as a class A misdemeanor. In Tennessee, a fourth DUI conviction is a class E felony. 55-10-406, Drug Free Youth Act Offenses (Ages 13 17) (T.C.A. In Tennessee, DUI carries significant penalties. While you can refuse to take the test to determine your BAC, we highly recommend that you perform the test. This is known as driving while intoxicated, or DWI. 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. A successful reduction will often result in the avoidance of jail time, loss of driving privileges, and other reduced penalties. Submitting to a chemical test is required by the TennesseeImplied consent law. It can also have a significant effect on your criminal record and your ability to remove charges from your record in the future. Read More: How to Get a DUI Removed From Your Driving Record. Individuals convicted for a DUI first offense can expect to spend at least 48 hours in jail and you will be ordered to participate in an alcohol and drug education program. Highway cleanup. You must go through the proper steps with the Tennessee Department of Safety. The minimum cost for an IID for a year is $1,000. TENNESSEE.STATERECORDS.ORG IS A PRIVATELY OWNED WEBSITE THAT IS NOT Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Feel free to call our team at 901-526-9494 or send us a message about your case. . Shows obvious impairment by intoxicants, including marijuana or other controlled substances alone or in combination with alcohol. Loss of drivers license for one year. You will also have to pay a license reinstatement fee to the Department. A TN driver's license suspension/revocation for 1 year. In this case, the offender's vehicle is equipped with an ignition interlock device to monitor or restrict their driving while intoxicated. 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. A judge could also order the offender to complete a substance abuse program. Driving under the influence, by law, is a misdemeanor in the state of Tennessee. One look at the current Tennessee first DUI penalties and fines should be enough to dissuade you from getting behind the wheel after drinking: Cash Fines and Penalties - $350 to $1,500 License - one-year mandatory suspension Jail - 48 hours to 11 months Those ages 13 to 17 face license suspension until they reach 17 or for one year, whichever comes later. This is a Class A felony in the state. A first-time DUI offense in Tennessee is no small matter. From 48 hours to 11 months and 29 days of jail time. DUI charges reduced to reckless endangerment, or reckless driving can be eligible for expungement. After 90 days, the driver may apply for early withdrawal of their license suspension. 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. 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. How to Get a DUI Removed From Your Driving Record, Tennessee Dept. Third offense - fine will range from $1,100 to $10,000. 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. A judge could also order the second-time offender to do community service and to be released on probation after serving a minimum jail time sentence. Jail. Not only did I get more than expected but they also negotiated with the hospital to have my bills reduced. We work hard every day to deliver each client a high quality, personalized and aggressive representation. Tennessee's Felony DUI Penalties. 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. Furthermore, if you are not eligible for a conditional license, you are not permitted to operate a vehicle until the term of your suspension or revocation period is over. presented at this site should not be construed to be formal legal advice nor the formation of a For more information about what may be required to reinstate your driver's license, please visit our Suspended License in Tennessee page. 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 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. 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. If you are convicted of DUI you will be subject to license suspension or revocation. 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. Driving under the influence of alcohol/drugs (DUI/DWI) is a serious offense in Tennessee and can carry heavy consequences. Fines and Jail Time for Tennessee DUI Offenses. 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. Additionally, if this is your third DUI offense, you will be subject to a 6-year drivers license revocation. 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. Minimum first year costs could exceed $1,000.00, If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense, Drug and Alcohol Treatment may be required at the judge's discretion, License revocation for 2 years/Restricted License available, You will be ordered to attend an alcohol and drug treatment program, Ignition Interlock Device installed at your expense, Pay restitution to any person suffering personal injury or loss, License revocation for 6 years/Restricted license available, 1 Year (365) days of jail time with a minimum of 150 consecutive days served, License revocation for 8 years/Restricted license available, License revocation from 1 to 5 years according to number of prior offenses, Jail time 2 to 12 years according to range [40-35-112], No restricted driver license is available, Class D felony if child suffers serious injury [55-10-403] [40-35-112], Fatal crash caused by DUI with .08 BAC or more, License revocation for 3-10 years/NO restricted license available, If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault convictions or, (c) any combination, A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense, $50 fee if filing of financial responsibility (SR-22) is required, $75 fee for failure to surrender driver license may be required, Required to apply for valid license & pay appropriate driver license fee, $3 certification fee if violation occurred in Tennessee, License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days, License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year, Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted, License revocation for 1 year/No provision for restricted license. No, you are not legally required to perform any field sobriety test in Tennessee. An underage driver with a BAC of 0.08 percent or greater can receive the same consequences that an adult in their circumstance would. A number of factors can affect sentencing, but this article address the minimum and maximum penalties and consequences for a first DUI in Tennessee. For instance, a DUI offender serving jail time could be allowed to do a jail sentence with a work-release. A Tennessee first offense DUI conviction is a Misdemeanor offense and carries the following penalties: Jail time:A first offense conviction will result in a minimum jail sentence of 48-hours up to a maximum jail sentence of 11 months and 29 days. In Tennessee, DUI carries significant penalties. criminal penalties in court for DUIs and other alcohol-related driving offenses. Tennessee first offense DUI offense penalties include: Between 48 hours and 11 months in jail Up to a year-long license suspension Between $350 and $1,500 in fines Enrollment in DUI school SR22 insurance requirement The installation of an ignition interlock device You should never try to fight a DUI charge on your own. For a 3rd offense of a DUI, you may face: 120 days to 11 months and 29 days in jail. A DWI charge typically applies to an underage offender (an offender around the age range of 16-20), while a DUI charge applies to an offender over 21. For a second-time offense, the license suspension is two years. The costs associated with a DUI conviction are both significant in both time and money. Driver's license application fees and tests. You will also have to pay a license reinstatement fee to the Department. While technically a misdemeanor in Tennessee, a DUI charge can come with a plethora of consequences, including: jail time, suspension of license, court costs, fines, community service, higher insurance rates, and adverse effects on your career. You will be fined $600 up to $3,500. In Tennessee, you can face jail time for a first-offense DUI. A first DUI carries these penalties: A driver convicted of their first-time DUI must also pay attorney fees, SR-22 (or high-risk) insurance, towing charges and license reinstatement fees, all of which add up to about $5,000. A driver's license suspension/revocation of 1 year. Moreover, you will have to obtain a certified order from the court, obtain an SR-22 from a liability insurance company, and pay a $65 license fee and a $2.00 application fee. 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. State law enforcement officials set up sobriety checkpoints and interrogate and test drivers per Tennessee's implied consent laws. If youve recently been charged with DUI, youre probably feeling a mix of emotions confusion, frustration, and perhaps even fear. As usual, a DUI offender must complete a substance abuse program and could be ordered to wear an alcohol-monitoring ankle bracelet. We encourage you to contact our office for a free consultation to review your specific situation. 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. 1st Time DUI Offender .08 (BAC) [55-10-401] [55-10-403] 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 A pre-trial release fee, public service work fee, alcohol safety school, and a restricted license fee of $35, $132, $270, $67, respectively, are also charged. And if the offender had a passenger under the age of 18 in the vehicle at the time of the offense, the minimum sentence is increased by 30 days (so, it's 32 or 37 days, depending on the circumstances).
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