Frequently Asked Questions about DUIs in Tennessee
There have been a lot of changes (and proposed changes) to the DUI laws in Tennessee in the last year. Because of that, people who have been charged with a DUI have been asking us a lot of questions lately about the laws, the penalties and the fines. That is why we collected a list of these common questions, so we could give you a rundown of exactly what the laws are, and the possible consequences you might face if you are convicted of a DUI.
Q: What is a DUI charge?
A: In Tennessee, a person thought to be Driving Under the Influence “of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess,” or who has reached a blood alcohol concentration (BAC) of .04% (commercial vehicle driver) or .08% (passenger vehicle driver) can be charged with a DUI by a law enforcement official.
Q: What are the fines and penalties for a DUI conviction in Tennessee?
A: This depends on what charges you face. Generally speaking, your fines and penalties are based on:
- First time offense: between 49 hours and 11 months, 29 days in jail; loss of license for one year; potential judge-mandated treatment or counseling; up to $1,500 in fines; and the potential for being required to install an ignition interlock device. If your BAC is .20% or more, all of the same fines and penalties apply, except you must spend a minimum of 7 consecutive days in jail.
- Second time offender: between 45 days and 11 months, 29 days in jail; up to $3,500 in fines; loss of license for 2 years; potential seizure of vehicle; mandatory counseling or treatment program participation; and the potential for being required to install an ignition interlock device.
- Third time offender: between 120 days and 11 months, 29 days in jail; up to $10,000 in fines; loss of license for up to 10 years; potential seizure of vehicle; mandatory treatment or counseling; and the potential for being required to install an ignition interlock device.
The first three offenses are, barring any enhancements, misdemeanor charges. If you are convicted of DUI for a fourth time (or more), you now face Class E felony DUI charges: 365 days in jail, with a minimum of 150 consecutive days served; up to $15,000 in fines; loss of license for 8 years; potential seizure of vehicle; mandatory counseling or treatment program participation; and the potential for being required to install an ignition interlock device.
Q: What is implied consent?
A: As the actual law states, “Any person who drives a motor vehicle in [Tennessee] is deemed to have given consent to a test or tests for the purpose of determining the alcoholic content of that person’s blood, a test or tests for the purpose of determining the drug content of the person’s blood, or both tests.” In other words, if you drive your car, truck, motorcycle or other motor vehicle on public roads in Tennessee, you have, by virtue of your using a public road, implied that you will consent to taking a test if you are pulled over by law enforcement on suspicion of DUI.
You can legally deny the test, but you will automatically lose your license for at least one year if you refuse.
Q: What is a federal DUI?
A: You can be charged with a DUI by the federal government, not just the state of Tennessee. Most federal agents are not in the habit of patrolling local roads for drunk drivers, but if you are charged on federal land – in national parks, on military bases, on federally protected lands or roadways, etc. – you may face additional fines and penalties outside of what Tennessee would normally have. A federal conviction could mean prison time (under certain circumstances), can keep you out of certain job fields, and will stay on your record permanently unless you receive a Presidential pardon.
Q: When do I need a DUI attorney?
A: The minute you are charged with a DUI, call an attorney. If you refuse the blood or breath test, call an attorney. If you are taken to jail or the local police station, call an attorney.
A DUI can have serious consequences, and you want a skilled Franklin DUI defense lawyer on your side as soon as possible. The Law Offices of Adrian H. Altshuler & Associates has upheld the rights of people facing DUI charges since 1991. To make an appointment with an attorney at our Franklin, Columbia or Brentwood office, please use this contact form, or call 615-977-9370. We will come to you if you are being held in a local jail or holding facility.