DWI/DUI - Drunk Driving Laws And Attorneys In Tennessee
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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TENNESSEE DRIVING UNDER THE INFLUENCE (DUI) LAW
In Tennessee, it is unlawful for any person to drive or be in physical
control of an automobile or other motor-driven vehicle on any public
street, highway, road or alley, or while on the premises of any shopping
center, trailer park or any apartment house complex, or any place
frequented by thepublic while:
1. Under the influence of any intoxicant, marijuana, narcotic drug or
drugs producing stimulating effects on the central nervous system; or
2. While the alcohol concentration of the operator’s blood or breath is
.08 percent or higher.
The defendant’s ability to drive when using drugs may be sufficiently
impaired to constitute a DUI violation. A driver can register a BAC of .00
percent and still be convicted of a DUI. The level of BAC does not clear a
driver when it is below .08 percent.
By law, when you drive in Tennessee, you have given your consent to be
tested to determine the alcohol or drug content of your blood. This test
must be administered at the request of a law enforcement officer who
has reasonable grounds to believe you have been driving under the
influence of an intoxicant or drug.
If you are placed under arrest and a law enforcement officer asks you to
take the test and you refuse, the test will not be given. The court will
send notification of action to the Department of Safety and your driver
license will be suspended for twelve (12) months.
Penalties And Fines For A DUI Offense In Tennessee
1st Conviction
Jail Time: 48 hours (7 days if BAC is 0.20% or more)
Fines: $350-$1500
License Revocation Period: 1 year
Vehicle Seizure: Does not apply
2nd Conviction
Jail Time: 45 days – 11 months, 29 days
Fines: $600-$3500
License Revocation Period: 2 years
Vehicle Seizure: Vehicle is subject to seizure and forfeiture
3rd Conviction
Jail Time: 120 days – 11 months, 29 days
Fines: $1,100 - $10,000
License Revocation Period: 3 -10 years
Vehicle Seizure: Vehicle is subject to seizure and forfeiture
4th or subsequent Conviction (is a Class E felony)
Jail Time: 150 days – max allowable for a Class E felony
Fines: $3,000-$15,000
License Revocation Period: 5 years to indefinite
Vehicle Seizure: Vehicle is subject to seizure and forfeiture
Regardless of whether the conviction for driving under the influence is a
driver’s first or not, several other laws apply:
a) IDs with “DUI Offender:” If a person with a license revoked for DUI
applies for a photo identification license to carry during the period before
his or her license can be restored, the department is required to indicate
on the ID that the person is a DUI offender.
b) Litter Removal: A DUI conviction also requires litter pick-up for three
eight-hour shifts. While removing litter, the offender has to wear a vest or
other clothing displaying the message, “I am a DRUNK DRIVER.” If the
offender is a Tennessee resident, the litter pick-up is done in his/her
home county.
c) Vehicle Seizure: A vehicle can be seized if a driver is charged with
driving on a revoked license when his/her driving privileges are already
revoked as a result of a DUI conviction (first or subsequent).
d) Vehicular Homicide: If you are operating a motor vehicle under the
influence of a drug or alcohol, and you are involved in a crash resulting
in the death of another person(s), you may be charged with vehicular
homicide. If convicted, you may be fined and sentenced to prison. It is
possible to be imprisoned for many years.
e) Aggravated Assault: If you are operating a vehicle under the influence
of a drug or alcohol, and you are involved in a motor vehicle crash that
results in the injury of another person, you may be charged with
aggravated assault. If convicted, you may be fined and sentenced to
prison.
f) Child Endangerment: Known as the Drunk Driving Child Protection Act,
there are added penalties for people who violate DUI laws when
accompanied by a child under 18 years old. There is a mandatory
minimum jail sentence of 30 days, and a mandatory minimum fine of
$1,000. Both of these child-related penalties are added onto any other
incarceration, penalty and fines. If the child suffers serious bodily
injury, the violation is a Class D felony, and if the child dies, it is a Class
C felony of especially aggravated child endangerment.
Additional DUI Penalties
In addition to the minimum penalties above, the judge will also
require the following of the DUI offender:
a) To undergo a drug and treatment assessment and receive treatment,
as appropriate, for those who have had a prior DUI in the five years prior
to the current DUI.
b) Participation in an alcohol safety DUI school program, if available; or
participation in a program of alcohol or drug rehabilitation at a treatment
facility, if available, for second and subsequent convictions; and
c) The payment of restitution to any person suffering physical injury or
personal losses as a result of the DUI, if the offender is economically
capable of making restitution.
d) The driver’s vehicle will be seized if he/she has two DUI convictions
within five years AND both events happened after January 1997.
e) Courts may also limit the DUI offender to driving only a motor vehicle
equipped with a functioning ignition interlock device (which keeps a car
from starting if the driver’s BAC is too high). This restriction can be up to
six months for a first offense, up to three years for a second offense and
up to 10 years for third and subsequent offenses. A person with 2 DUIs
in a five year period MUST operate a motor vehicle with the ignition block
device for six months after reinstatement of driving privileges.
Minors
A person who is at least 16, but is not yet 21 years old, and who is
found: (1) driving with a BAC of .02 percent; (2) under the influence of
alcohol; or (3) under the influence of any other intoxicant will be
convicted of underage driving while impaired. Penalties for this
conviction are: losing your license for one year, a fine of $250 and
sometimes, also includes public service work.
Tennessee Restricted Drivers License
After the first conviction for DUI, the trial judge may issue an order for a
restricted license to go to and from work, attend college full time, drive
as part of employment or to attend certain court-ordered events. This
restricted license is not an option for drivers who have a prior conviction
of:
a) DUI or adult driving while impaired within 10 years;
b) Vehicular Homicide as the latest result of intoxication;
c) Aggravated Vehicular Homicide;
d) Vehicular Assault.
After the first year of a two-year revocation, drivers may apply for a
restricted driver license if they install an ignition interlock device on the
motor vehicle for the remaining period of revocation. When applying at
the driver license station, these applicants must submit two (2) copies
of the court order and proof of car insurance/financial responsibility (SR-
22 from their insurance company) and pass appropriate tests. Required
tests would depend on past driving record and frequency of convictions.
Driving Under Suspension In Tennessee
Driving while your license is suspended will result in the extension of
the license suspension period and could also result in criminal
prosecution.
Commercial Drivers In Tennessee ( CDL )
It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .
04% or more. If you operate a CMV, you shall be deemed to have given
your consent to alcohol testing.
You will lose your CDL for at least one year for a first offense for:
a) Driving a CMV if your blood alcohol concentration is .04% or higher.
b) Driving a CMV under the influence of alcohol.
c) Refusing to undergo blood alcohol testing.
d) Driving a CMV while under the influence of a controlled substance.
e) Leaving the scene of an accident involving a CMV.
f) Committing a felony involving the use of a CMV.
You will lose your CDL for at least three years if the offense occurs while
you are operating a CMV that is placarded for hazardous materials.
You will lose your CDL for life for a second offense. You will lose your
CDL for life if you use a CMV to commit a felony involving controlled
substances.
You will be put out-of-service for 24 hours if you have any detectable
amount of alcohol under .04%.
In Tennessee, it is unlawful for any person to drive or be in physical
control of an automobile or other motor-driven vehicle on any public
street, highway, road or alley, or while on the premises of any shopping
center, trailer park or any apartment house complex, or any place
frequented by thepublic while:
1. Under the influence of any intoxicant, marijuana, narcotic drug or
drugs producing stimulating effects on the central nervous system; or
2. While the alcohol concentration of the operator’s blood or breath is
.08 percent or higher.
The defendant’s ability to drive when using drugs may be sufficiently
impaired to constitute a DUI violation. A driver can register a BAC of .00
percent and still be convicted of a DUI. The level of BAC does not clear a
driver when it is below .08 percent.
By law, when you drive in Tennessee, you have given your consent to be
tested to determine the alcohol or drug content of your blood. This test
must be administered at the request of a law enforcement officer who
has reasonable grounds to believe you have been driving under the
influence of an intoxicant or drug.
If you are placed under arrest and a law enforcement officer asks you to
take the test and you refuse, the test will not be given. The court will
send notification of action to the Department of Safety and your driver
license will be suspended for twelve (12) months.
Penalties And Fines For A DUI Offense In Tennessee
1st Conviction
Jail Time: 48 hours (7 days if BAC is 0.20% or more)
Fines: $350-$1500
License Revocation Period: 1 year
Vehicle Seizure: Does not apply
2nd Conviction
Jail Time: 45 days – 11 months, 29 days
Fines: $600-$3500
License Revocation Period: 2 years
Vehicle Seizure: Vehicle is subject to seizure and forfeiture
3rd Conviction
Jail Time: 120 days – 11 months, 29 days
Fines: $1,100 - $10,000
License Revocation Period: 3 -10 years
Vehicle Seizure: Vehicle is subject to seizure and forfeiture
4th or subsequent Conviction (is a Class E felony)
Jail Time: 150 days – max allowable for a Class E felony
Fines: $3,000-$15,000
License Revocation Period: 5 years to indefinite
Vehicle Seizure: Vehicle is subject to seizure and forfeiture
Regardless of whether the conviction for driving under the influence is a
driver’s first or not, several other laws apply:
a) IDs with “DUI Offender:” If a person with a license revoked for DUI
applies for a photo identification license to carry during the period before
his or her license can be restored, the department is required to indicate
on the ID that the person is a DUI offender.
b) Litter Removal: A DUI conviction also requires litter pick-up for three
eight-hour shifts. While removing litter, the offender has to wear a vest or
other clothing displaying the message, “I am a DRUNK DRIVER.” If the
offender is a Tennessee resident, the litter pick-up is done in his/her
home county.
c) Vehicle Seizure: A vehicle can be seized if a driver is charged with
driving on a revoked license when his/her driving privileges are already
revoked as a result of a DUI conviction (first or subsequent).
d) Vehicular Homicide: If you are operating a motor vehicle under the
influence of a drug or alcohol, and you are involved in a crash resulting
in the death of another person(s), you may be charged with vehicular
homicide. If convicted, you may be fined and sentenced to prison. It is
possible to be imprisoned for many years.
e) Aggravated Assault: If you are operating a vehicle under the influence
of a drug or alcohol, and you are involved in a motor vehicle crash that
results in the injury of another person, you may be charged with
aggravated assault. If convicted, you may be fined and sentenced to
prison.
f) Child Endangerment: Known as the Drunk Driving Child Protection Act,
there are added penalties for people who violate DUI laws when
accompanied by a child under 18 years old. There is a mandatory
minimum jail sentence of 30 days, and a mandatory minimum fine of
$1,000. Both of these child-related penalties are added onto any other
incarceration, penalty and fines. If the child suffers serious bodily
injury, the violation is a Class D felony, and if the child dies, it is a Class
C felony of especially aggravated child endangerment.
Additional DUI Penalties
In addition to the minimum penalties above, the judge will also
require the following of the DUI offender:
a) To undergo a drug and treatment assessment and receive treatment,
as appropriate, for those who have had a prior DUI in the five years prior
to the current DUI.
b) Participation in an alcohol safety DUI school program, if available; or
participation in a program of alcohol or drug rehabilitation at a treatment
facility, if available, for second and subsequent convictions; and
c) The payment of restitution to any person suffering physical injury or
personal losses as a result of the DUI, if the offender is economically
capable of making restitution.
d) The driver’s vehicle will be seized if he/she has two DUI convictions
within five years AND both events happened after January 1997.
e) Courts may also limit the DUI offender to driving only a motor vehicle
equipped with a functioning ignition interlock device (which keeps a car
from starting if the driver’s BAC is too high). This restriction can be up to
six months for a first offense, up to three years for a second offense and
up to 10 years for third and subsequent offenses. A person with 2 DUIs
in a five year period MUST operate a motor vehicle with the ignition block
device for six months after reinstatement of driving privileges.
Minors
A person who is at least 16, but is not yet 21 years old, and who is
found: (1) driving with a BAC of .02 percent; (2) under the influence of
alcohol; or (3) under the influence of any other intoxicant will be
convicted of underage driving while impaired. Penalties for this
conviction are: losing your license for one year, a fine of $250 and
sometimes, also includes public service work.
Tennessee Restricted Drivers License
After the first conviction for DUI, the trial judge may issue an order for a
restricted license to go to and from work, attend college full time, drive
as part of employment or to attend certain court-ordered events. This
restricted license is not an option for drivers who have a prior conviction
of:
a) DUI or adult driving while impaired within 10 years;
b) Vehicular Homicide as the latest result of intoxication;
c) Aggravated Vehicular Homicide;
d) Vehicular Assault.
After the first year of a two-year revocation, drivers may apply for a
restricted driver license if they install an ignition interlock device on the
motor vehicle for the remaining period of revocation. When applying at
the driver license station, these applicants must submit two (2) copies
of the court order and proof of car insurance/financial responsibility (SR-
22 from their insurance company) and pass appropriate tests. Required
tests would depend on past driving record and frequency of convictions.
Driving Under Suspension In Tennessee
Driving while your license is suspended will result in the extension of
the license suspension period and could also result in criminal
prosecution.
Commercial Drivers In Tennessee ( CDL )
It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .
04% or more. If you operate a CMV, you shall be deemed to have given
your consent to alcohol testing.
You will lose your CDL for at least one year for a first offense for:
a) Driving a CMV if your blood alcohol concentration is .04% or higher.
b) Driving a CMV under the influence of alcohol.
c) Refusing to undergo blood alcohol testing.
d) Driving a CMV while under the influence of a controlled substance.
e) Leaving the scene of an accident involving a CMV.
f) Committing a felony involving the use of a CMV.
You will lose your CDL for at least three years if the offense occurs while
you are operating a CMV that is placarded for hazardous materials.
You will lose your CDL for life for a second offense. You will lose your
CDL for life if you use a CMV to commit a felony involving controlled
substances.
You will be put out-of-service for 24 hours if you have any detectable
amount of alcohol under .04%.
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