Drivers with a BAC of 0.20 percent or higher must serve at least seven consecutive days. This website is designed for general infomation only. All Rights Reserved.Disclaimer | Sitemap | Privacy Policy. This is known as driving while intoxicated, or DWI. If you refuse then you will automatically lose your license. A driver's license suspension/revocation of 1 year. Driving under the influence of alcohol/drugs (DUI/DWI) is a serious offense in Tennessee and can carry heavy consequences. First offense (ages 13 to 17): A license suspension of one year or until the offender reaches 17, whichever is longer. These penalties are some of the highest in the state and include up to 60 years in prison and a fine of up to $50,000. A driver will not face penalties for refusing to take a blood test, unless an officer has a warrant. Please fill out the form below or call us at (901) 526-9494. 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 judge may also order the convicted driver to install an ignition interlock device (IID) at their own expense. The state of Tennessee is incredibly strict with underage drinking and driving. Technically, a Tennessee DUI stays on an offender's record for life. You will also have to pay a license reinstatement fee to the Department. . First time offenders will be eligible for a restricted license if they meet therequirementsfor one. The officer is then going to request that you submit to a chemical test. 48 hours to 11 months and 29 days in jail. This article covers the basics of Tennessee's DUI laws, including the consequences of a first, second, and third DUI conviction. A driver's license suspension/revocation of 2 years. You would also be required to pay court costs related to your DUI offense. Under Tennessee law, any person convicted for a first offense DUI shall be fined between $350 and $1,500. A work release enables the offender to continue employment and return to jail after working hours. Recognize that if you have been charged with a DUI, we strongly advise hiring a DUI lawyer to represent you in your coming case. It should also be noted that a person could still be arrested for driving under the influence in Tennessee even if their blood alcohol concentration level is below the legal limit of .08% just by displaying signs that are consistent with a person who is under the influence of alcohol or drugs. For first DUI offenses, motorists may be penalized with fines of $350 to $1,500 and license revocations of 1 year. Whether a person serves that time in a county jail or a state prison will depend on the length of the sentence. In addition to the penalties listed above, the judge will suspend the driver's license for one year. Third offense - fine will range from $1,100 to $10,000. 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. Note that other factors regarding your specific arrest may factor into your penalties. When you are charged with a DUI, Tennessee law defines it as a class A misdemeanor. 1st offense crash involving death: 5 years. However, the length of suspension can vary based on the details of the arrest. Penalties and Sentences Tennessee has mandatory jail time for first time DUI offenders. If the second DUI came within five years of the first, then you will be required to have an ignition interlock for six . Normal traffic stop, right? A second CDL DUI offense will result in your CDL being revoked for life. 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. If this is a first offense violation, your license will be revoked for 1-year for a test refusal. The offender will have to deal with a DUI conviction, jail time, mandatory fines, probation and community service, attendance of a substance abuse assessment program, license suspension, and installation of an ignition interlock device. For instance, if you have a documented BAC of 0.20% or greater, you will face mandatory jail time . Five years must have elapsed since completing the sentence imposed on an offender. Tenn. Code Ann. If youve recently been charged with DUI, youre probably feeling a mix of emotions confusion, frustration, and perhaps even fear. The offender will have to pay an SR-22 form fee of $50 in the absence of proof of SR-22 insurance for up to 3 years. Costs include bail money, towing, SR-22 insurance, court costs, mandatory education courses, ignition interlock device installation, as well as reinstatement fees. Before the Tennessee Department of Safety will reinstate your license following your suspension or revocation period, they will require you to file an SR22 form with them before issuing you a new license. When an officer stops someone on suspicion of DUI in Tennessee, the officer is already starting to build a case against that person by observing their driving patterns prior to initiating the DUI stop. 57-5-301, Driving While Impaired (Age 16 20) T.C.A 55-10-415, Aggravated Vehicular Assault While Driving Intoxicated, Fees to reinstate a driver license after alcohol-related offenses, Penalties for drug and alcohol-related offenses committed by minors, Revocation of Drivers License for 1 year - 1st offense, Revocation of Drivers License for 2 years - 2nd offense, Revocation of Drivers License for 2 years if crash resulted in bodily injury (Most Aggravated Drunk Driving Law), Revocation of Drivers License for 5 years if crash resulted in a death (Most Aggravated Drunk Driving Law), 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, Pay restitution to any person suffering physical injury or personal loss, With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900, Ignition Interlock Device installed at your expense. In Tennessee, a DUI is not deemed different from a DWI. However, a first time DUI can give you up to 11 months and 29 days in jail and a $350-$1,500 fine. 48 hours to 11 months and 29 days in jail. 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. For instance, if your first-offense DUI came as a result of a car wreck or if you injured a victim, you could receive harsher, more stringent penalties. 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. This type of conditional license allows you to drive under certain circumstances with limited driving privileges. Under the influence of any intoxicant, narcotic drug, marijuana, or any controlled substance affecting the central nervous system. Your 1999 - 2023 DMV.ORG. What Will My Probation Officer Do If I Fail an Alcohol Test? A number of factors can affect sentencing, but this article address the minimum and maximum penalties and consequences for a first DUI in Tennessee. Offenders may also be required to install an ignition interlock. A person holding a commercial drivers license (CDL) can not only lose their ability to drive, they can also lose their job, as they no longer have the ability to work. If anyone was hurt or killed as a result of your DUI, you can expect a lot of jail time on top of heavy fines and retribution requirements. 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. For a second DUI in Tennessee, you must spend a minimum of 45 days in jail, but you could potentially spend 11 months and 29 days in jail. This is a Class A felony in the state. 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. The DUI laws and regulations are confusing and seem to change frequently. There are three standard field sobriety tests that officers in Tennessee and across the country use to help determine probable cause for drunk driving. The officer asks you to watch a finger or pen as it moves. With detailed guidelines paired with a focus on balance, intoxicated drivers may struggle to perform well. You will also be required to show proof of financial responsibility in the form of anTennessee SR-22 insurancepolicy before the Department of Safety will reinstate your license. Financial compensation for victims suffering person loss or physical injury. 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. Out-of-state DUI charges also count in an offender's record. Then, blue lights in the rearview. 1 st Offense. 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 3-10 years following a third offense. A TN driver's license suspension/revocation for 1 year. If this is your second DUI offense, you will face a 2-year license revocation. The officer must state that failure to comply with the test will result in getting your license revoked. Why? 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. 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. For a first-time offense, refusal to take a BAC test results in a one-year suspension of your license. If you need proper representation for your DUI charge in Tennessee, contact the Memphis DUI lawyers at The Chiozza Law Firm. You will be required to carry yourSR22 insurancefor a period of 3-years. Fourth or subsequent time offenderswill not be eligiblefor a restricted license. You must go through the proper steps with the Tennessee Department of Safety. 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. 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. A DUI offender's life becomes altered from the point of arrest. See below for more information on IIDs. Tennessee's Felony DUI Penalties. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. Speak with a state-approved provider, Intoxalock, Locate an installation center near you - get a quote for pricing. A first-time DUI offense in Tennessee is no small matter. Steve Whiston - Fallen Log Photography/Moment/GettyImages, What to Expect From aFirst OffenseOWIinMichigan: Laws, Penalties & Charges, Tennessee Department of Safety and Homeland Security. If youve been charged with DUI, its important to seek legal advice from an experienced Tennessee DUI attorney. A driver faces their first DUI if they have had no prior convictions in the past 10 years. 1st offense crash involving injury: 2 years. 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. 200 Jefferson Ave #1250 A commercial driver faces the highest risk of losing their job since insurance companies are unlikely to provide coverage to DUI offenders. However, if there are any aggravating factors the judge could find it appropriate to grant additional penalties, including extra time added to your suspension or revocation period. Third time offenderswill not be eligiblefor a restricted license. Its unavoidable. The offender may also be subject to community service. Offenders under 21 are charged with a DWI, while a DUI charge is given to a person above 21. In Tennessee, DUI refers to driving under the influence of an intoxicant; in this case, the intoxicant may be alcohol, illegal drugs, or prescription medication. One of the most common questions we receive from clients is about potential jail time. An underage driver with a BAC of 0.08 percent or greater can receive the same consequences that an adult in their circumstance would. For example, although a DUI conviction is currently not eligible to be expunged, a reckless driving is eligible to be expunged five (5) years after you complete the six (6) month probationary period. Please continue reading to learn how you can obtain a restricted drivers license and how a determined Memphis DUI Defense Lawyer can help you protect your driving privileges. 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. They may also be fined between $350 to $1500 and face a one-year license suspension. Fines and Jail Time for Tennessee DUI Offenses.