Tennessee Driving Under the Influence Law
In common with many other States, a DUI arrest in Tennessee will lead to two cases being brought against the defendant, a criminal case and a Department of Motor Vehicles case. If you have been arrested for DUI in Tennessee, you have only a limited time in order to apply for a hearing at the Department of Motor Vehicles in order to retain your driver's license. It is therefore essential that you contact a Tennessee DUI lawyer as soon as possible.
Charges for DUI in Tennessee can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08%, with enhancements for those registering a BAC of 0.2 or higher, or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DUI lawyer will be able to handle each of these situations.
In Tennessee law, a person can be convicted on DUI for using drugs - even if they have been prescribed by a doctor.
Punishments are more stringent if BAC exceeds 0.2%.
| Conviction | Punishment |
| First | Jail term between 48 hours and 11 months 29 days, minimum fine of $350 up to $1500, 1 year license revocation, possibility of ignition interlock device, possibility of community service, attendance at DUI School. |
| Second within 10 years | 45 days to 11 months 29 days in jail, fine of between $600 and $3500, alcohol rehabilitation course, 2 year license revocation, ignition interlock device fitted, possible forfeiture of vehicle, possible community service. |
| Third within 10 years | Jail between 120 days and 11 months 29 days, minimum fine of $1100 up to $10000, attendance at alcohol rehabilitation course, license revoked for between 3 and 5 years, possible vehicle forfeiture, possible community service. |
| Fourth - felony | Jail of no less than 150 days up to 6 years, fine between $3000 and $15000, attendance of alcohol rehabilitation course, minimum 5 year license revocation, possible vehicle forfeiture, possible community service. |
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