first dui offense in tennessee

If you have prior DUI convictions, those are counted against you if you face another DUI offense. In certain cases you may be required to undergo drug and alcohol treatment or perform community service, often in the form of roadside litter pickup. Additionally, if this is your third DUI offense, you will be subject to a 6-year drivers license revocation. 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. In Tennessee, a first DUI offense is considered a Class A misdemeanor charge. Repeat DUI offenders in Tennessee are typically mandated to attend an alcohol treatment program and may have their vehicles seized as well. The offender may also be subject to community service. 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. 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. Memphis Law Firm for all your legal needs! The implied consent law does not apply to field sobriety tests. A fee of $17.50 is charged for a breath test refusal. Technically, a Tennessee DUI stays on an offender's record for life. 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. First time offenders will be eligible for a restricted license if they meet therequirementsfor one. 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 Holds a commercial driver's license (CDL) and has a BAC of 0.04 percent or greater. Tennessee DUI laws prohibit motorists from driving a vehicle or being in physical control of an automobile or any motor-driven vehicle if: Tennessee laws consider a person to be 'under the influence' if they are impaired to the extent their ability to safely operate a motor vehicle is affected. 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. What Will My Probation Officer Do If I Fail an Alcohol Test? If youve been charged with DUI, its important to seek legal advice from an experienced Tennessee DUI attorney. Legal Beagle: What Will My Probation Officer Do If I Fail an Alcohol Test? When a law enforcement officer suspects a motorist of intoxication, they are subjected to a breath or blood test. Third offense - fine will range from $1,100 to $10,000. They also have a Class B felony requiring between 8 and 30 years in prison, and a fine less than $25,000 imposed. For instance, a DUI offender serving jail time could be allowed to do a jail sentence with a work-release. However, if your DUI conviction involved an accident in which a person was killed or suffered serious bodily injury, you will not be eligible for a restricted license. If you are unable to follow the motion or your eyes begin to twitch, you give an indication that you are intoxicated. Offenders may also be required to install an ignition interlock. Is under 21 in possession of a noncommercial license and has a BAC of 0.02 percent or greater. Attendance in a substance abuse treatment program. 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. First convictions also result in jail sentences of at least 48 hours. Our team is happy to look into your case. The court will prohibit a convicted person from driving a vehicle in the state of Tennessee for a period of one year. For more updates, visit The Chiozza Law Firm, on Facebook, and on Twitter. A DUI offense in Tennessee can be very expensive (even as a 1st-time offender). For a 3rd offense of a DUI, you may face: 120 days to 11 months and 29 days in jail. 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. No matter what your situation is, we will work diligently to ensure you receive the best possible outcome for your case. As described above, the minimum sentence for a first time DUI is 48 hours in jail. 1 st Offense. Penalties and Sentences Tennessee has mandatory jail time for first time DUI offenders. Mandatory 7 days in jail if BAC is over .20%. On the other hand, DWI means driving while intoxicated, and in some states, DWI is the designation for drunk driving. Feel free to call our team at 901-526-9494 or send us a message about your case. 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 refuse a breathalyzer test or blood draw during the traffic stop, the police officer will likely charge you with a violation of implied consent law, which could cause you lose your license. Additionally, if this is your third DUI offense, you will be subject to a 6-year driver's license revocation. The distinguishing factor between a DUI and a DWI are the substances that the offending motorist ingested before their arrest. Tennessee First Offense DUI Penalties Penalties for a first offense DUI in Tennessee include, but are not limited to: 48 hours in jail $350 to $1500 in fines 1 year revocation of your driver's license Restitution payments, if applicable 6 month ignition interlock requirement Court costs SR22 insurance requirement Jail time of 45 days to 11 months and 29 days in jail. The penalties for a DUI/DWI in Tennessee are heavy. Alternatively, the offender will have to pay $75 if they fail to return the suspended license to the. We encourage you to contact our office for a free consultation to review your specific situation. In Tennessee, a person convicted of DUI usually has the license revoked, even as a first-time offender. 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. A first offense of driving under the influence (DUI) is classified as a class A misdemeanor, with penalties ranging from 48 hours to 11 months in jail and fines ranging from $350 to $1,500. Under Tennessee law, you are required to perform a BAC test once you are under arrest for a DUI. A driver who causes injury to another person while impaired faces a Class D felony. DUI 1st Offense: A minimum sentence of 48 hours in the county jail or workhouse up to 11 months and 29 days. If the officer has established reasonable grounds and suspects that someone is under the influence, the officer is going to request that the individualperform some field sobriety test(it is not required by law that you submit to the field sobriety tests. 48 hours to 11 months and 29 days in jail. can help you protect your driving privileges. If you are under 21 and are arrested for having a BAC level of .08% or greater you will be facing the same fines and penalties as someone over 21 would face for the same offense except that a person under 21 will only be facing a 24-hour jail sentence for a first offense instead of the minimum 48-hours for someone over 21 years of age will face. What's the legal blood alcohol concentration in Tennessee? Again, you will only lose your license if you are actually convicted of DUI. Subscribe to our News and Updates to stay in the loop and on the road! Attorney Advertising. 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 driver faces their first DUI if they have had no prior convictions in the past 10 years. 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.'. Your license can be revoked for one year. Also, all conditions of probation must be satisfied. You are asked to follow only with your eyes and not your head. If you are convicted of a first DUI offense, you will be subject to a 1-year license revocation. However, depending on the circumstances of your offense, you may Suspension of a commercial driver's license for a year and for a second DUI offense, the license is revoked for life. 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. In the state of Tennessee, if you operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or greater, you will be charged with driving while under the influence (DUI). Conviction for a first offense DUI in Tennessee carries the following punishment: Mandatory Minimum of 48 hours in jail (If BAC greater than .20, mandatory 7 days in jail) Maximum $1,500 Fine. The officer is then going to request that you submit to a chemical test. Allow us to fight on your behalf today! 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.

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