Tennessee DUI Penalties . . .
or How much trouble am I in?

The following list is only a general overview of the penalties for drunk driving in Tennessee. If you are charged with DUI you should consult with an experienced DUI attorney concerning the facts and circumstances in your individual case.

1st Offense DUI
Class A misdemeanor.

Jail time: It carries an automatic jail sentence of 11 months and 29 days, with a mandatory minimum of 48 hours incarceration if over 21 and 48 hours if 18 or older but under 21. If BAC is .20 or more, the mandatory minimum is 7 days. The balance of the maximum sentence and the time of executed incarceration will be served on probation.

Fines: $350.00- $1500.00.

Community Service: 24 hours of highway litter removal to be served in three shifts of 8 hours each while wearing an orange vest which says I AM A DRUNK DRIVER on the back.

Loss of license: 1 year revocation but eligible for restricted license

Alcohol assessment and treatment: DUI school will be a condition of probation. Further education and/or treatment will be based on a professional evaluation.

Other possible sanctions: Interlock device.

Second offense DUI:
Class A misdemeanor

Jail time: It carries an automatic jail sentence of 11 months and 29 days, with a mandatory minimum of 45 days. On a second offense, the judge may give up to 28 days credit for time served in an alcohol and/or drug treatment facility. Work release may also be authorized. The balance of the maximum sentence and the time of executed incarceration will be served on probation.

Fines: $600.00 - $3,500.00

Loss of license: 2 year revocation, eligible for restricted license after 1 year

Alcohol assessment and treatment: Court may order treatment notwithstanding the 28 day jail time credit for inpatient treatment described above.

Ignition interlock: Presumed ordered unless judge holds otherwise, mandatory if prior within 5 years

Vehicle forfeiture: Possible

Third offense DUI:
Class A misdemeanor

Jail time: It carries an automatic jail sentence of 11 months and 29 days, with a mandatory minimum of 120 days. Work release may be authorized after the minimum 120 days have been served. The balance of the maximum sentence and the time of executed incarceration will be served on probation.

Fines: $1,100.00 - $10,000.00

Loss of license: Revocation of 3 to 10 years, not eligible for restricted license

Alcohol assessment and treatment: Alcohol and drug assessment and treatment as directed

Ignition interlock: Presumed ordered unless judge holds otherwise, mandatory if prior within 5 years

Vehicle forfeiture: Possible

Fourth offense DUI:
Class E Felony

Jail time: It carries a jail sentence of up to 6 years, with a mandatory minimum of 150 days. Work release may be authorized after the minimum 120 days have been served. The period of probation will be 1 to 6 years.

Fines: $3,000.00 - $15,000.00

Loss of license: 5 year minimum revocation, not eligible for restricted license

Alcohol assessment and treatment: Alcohol and drug assessment and treatment as directed

Ignition interlock: Presumed ordered unless judge holds otherwise, mandatory if prior within 5 years

Vehicle forfeiture: Possible

Implied consent penalties:

A violation of the implied consent statute occurs when an individual refuses a breath, blood, or urine test after an officer who has probable cause to believe that you were driving under the influence of alcohol or drugs requests that you take such a test. You have a right to refuse the test, but a refusal may result in the following sanctions:

A violation of the implied consent law with no prior record is punishable by revocation for 1 year. A restricted license may be authorized and this may run concurrent to any other suspension for a DUI conviction arising out of the same incident.

A violation of the implied consent law where a driver refuses and has a prior conviction for one of the following: Driving Under the Influence (DUI), Adult Driving While Impaired (DWI), Vehicular Homicide by Intoxication, Aggravated Vehicular Assault, Vehicular Assault by Intoxication, or when the driver refuses after being involved in an accident in which one or more people suffered serious bodily injury is punishable by a 2 year revocation. A restricted license may be authorized and the suspension may run concurrent to any other suspension for a DUI conviction arising out of the same incident.

A violation of the implied consent law where the driver refuses after being involved in an accident involving death is punishable by a 5 year revocation. A restricted license may be authorized and the suspension may run concurrent to any other suspension for a DUI conviction arising out of the same incident.

And finally, a violation of the implied consent law where the driver refused while driving on a revoked, suspended, or cancelled license because of a conviction for vehicular assault, vehicular homicide, aggravated vehicular homicide, or driving under the influence (DUI) is a class A misdemeanor and is punishable by a maximum penalty of 11 months and 29 days in jail with a mandatory minimum of 5 days, a fine of up to $1,000.00, and a license revocation of 2-5 years.

It is important to be aware that DUI, unlike many other crimes, is not expungeable from your record unless your case is won or dismissed. A DUI conviction remains on your record for life.

For this reason, there are many other unforseen collateral consequences of a DUI conviction in addition to the statutory penalties listed above.

A few examples are:

Loss of car insurance or sky high premiums

Loss of job due to negative impact on a professional license or security clearance; additionally, many military offenders will suffer sanctions within the military in addition to the state penalties such as loss of driving privileges on base, loss of rank, and suspended pay

Inability to travel freely outside of the United States.

Immigration problems

Inability to get certain jobs

Due to the serious nature of this kind of offense, the mandatory jail time even for a first offense, and the many often unforseen collateral consequences that may exist depending on your individual circumstances, it is important to consult with an experienced DUI defense lawyer as soon as possible.

YOU DO NOT HAVE TO PLEAD GUILTY.
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