subject: Knowing The Dui Law In Tennessee [print this page] Tennessee law spells out a variety of penalties for DUI offenders. First, second and third DUI offenses are all misdemeanors, but with greater possibilities for punishment. The fourth DUI and above is considered a felony offense. Penalties in addition to jail time become more severe as well.
Even for a first offender, the minimum penalties include jail time. A first time offender can expect to spend a minimum of 48 hours in jail. If you offer a blood or breath test, and your blood alcohol content is over 0.20, the minimum jail sentence is 7 days, which must be served consecutively. You will have to attend a DUI school and will owe court costs (which vary depending on your case) and pay a minimum $350 fine. Your license is revoked for one year and depending on the judge, an interlock ignition device can be placed on your car at your expense. If you appear to have a substance dependency problem, the judge can also order you be evaluated and treated.
If you are convicted of a second DUI, the penalties are enhanced even further. The minimum fine is increased from $350 to $600, and the 2 day minimum in jail is greatly enhanced to 45 days. You lose your license for two years, and cannot obtain a restricted one until after the first year. Like a first offense, DUI school is required. Additionally you could have your vehicle forfeited and an interlock ignition device could be ordered installed on your vehicle.
A third offense DUI gets even more severe. Though still a misdemeanor, the penalties closely mirror that of the more serious felony fourth DUI offense. A third offense DUI carries a minimum of 120 days in jail. You lose your license for 3 to 10 years, with no prospect of receiving a restricted license. As with a second offense, you must attend DUI school and can have your car forfeited. The mandatory minimum fine is $1100, but this can be increased to as much as $11,000.
A fourth offense and every offense thereafter is considered a Class E felony. The minimum jail time for a fourth offense DUI is 150 days. The minimum fine amount increases to $3,000 and your license will be revoked for a minimum of 5 years with no eligibility for a restricted license. As with a second and third offense, you must attend DUI school, could have your vehicle forfeited and could be ordered to install an ignition interlock device on your vehicle.
Additional punishments can be levied if someone is killed due to a DUI driver, or if a child is injured who is under the age of 13. Additionally, there are penalties for not submitting to a blood alcohol test that can range from 1 to 5 years loss of license, depending on the circumstances and one's prior record. The implied consent law is a civil penalty, however, and does not carry with it any potential jail time. The interlock device requires one to blow into it each time before starting his or her car, and periodically thereafter. It usually costs several hundred dollars a year to maintain, and that cost is borne by the offender.
First through third DUI offenses are all misdemeanors, but all can carry up to 11 months and 29 days in jail. So, the minimums above are not necessarily the sentences always imposed. Prosecutors and judges look to the history of the defendant, as well as the facts surrounding the charge, when determining what sentence to offer or impose. The minimum offenses are welcome if one is truly guilty, but they are not required to be offered by the state. Sometimes, if the facts are in one's favor, the amended charge of Reckless Driving, which is a Class B misdemeanor, can be negotiated. However, Reckless Driving is not a lesser charge of DUI and cannot be instructed at trial.
