A Tennessee second offense DUI conviction is a Misdemeanor offense and carries the following penalties: Jail time:A second offense conviction will result in a minimum jail sentence of 45 days up to a maximum jail sentence of 11 months and 29 days.Fines:The fine amount for a second offense will be between $600 to $3,500 plus associated court costs. In Tennessee, a first DUI offense is considered a Class A misdemeanor charge. 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. A mandatory forfeit of your vehicle. On this page you'll find the definition of a DUI, the penalties a DUI carries, and the steps you may need to take to reinstate your Tennessee driver's license. Driver's license application fees and tests. This can occur based on several different factors, including the strength or weakness of the evidence against you, legal issues that can be raised in court, your efforts to demonstrate acceptance of responsibility and to address any underlying substance abuse problem, and many other considerations. Before the Tennessee DOS will reinstate your license following your revocation period you will be required to show proof of financial responsibility in the form of aSR22 insurancepolicy that meets the states minimum auto insurance liability coverage limits. However, it is important to remember that these penalties apply only if you are convicted. Keep in mind, though, that these are minimum jail sentences; it is possible even for first-time offenders to face up to 11 months and 29 days in jail for a DUI in Tennessee. And in some jurisdictions, offenders can complete 400 hours of community service in lieu of the 48-hour and seven-day jail minimums. The minimum cost for an IID for a year is $1,000. The average yearly cost of an ignition interlock is $810 minimum.License revocation:Your license will be revoked for a minimum of 5-years following a fourth or subsequent offense. Losing your driving privileges can negatively disturb your life as it affects your ability to travel to important places such as work. According to the Tennessee Department of Safety and Homeland Security, a first-offense DUI is a misdemeanor. The implied consent law does not apply to field sobriety tests. You can read our previous blog on this subject to find out more about implied consent law in Tennessee and how this may impact your DUI case. The court may also require you to attend an alcohol education program and complete community service. Fines And Other Penalties. Its also possible that you could receive a longer jail sentence if the judge deems it appropriate (up to 11 months and 29 days) but this is typically reserved for more serious offenses. The program helps individuals who want to have their driver's license reinstated or are court ordered to participate in a DUI school program. Fines of $1,100 to $10,000. Fines and Jail Time for Tennessee DUI Offenses. 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. You may have to forfeit your vehicle to the State. of Safety and Homeland Security: DUI Offenses, NOLO: Tennessees Underage DUI Laws and Penalties, NOLO: Tennessee Drunk Driving Laws and Penalties, Legal Beagle: Tennessee DUI Laws, Fines & Penalties, Legal Beagle: The Pros & Cons of a Standard DUI, Legal Beagle: How to Check Driver's License History. After 90 days, the driver may apply for early withdrawal of their license suspension. A driver's license suspension/revocation of 1 year. 1 st Offense. Your license will be revoked otherwise, and your refusal will be used against you in court. When you are charged with a DUI, Tennessee law defines it as a class A misdemeanor. $350 fine, plus court costs. First-time offenders will also have to pay fines that are no more than $1,500 and no less than $350. Offenders between the ages of 16 to 20 will see a one-year license revocation, a $250 fine and may have to perform community service. You know your limit, and you think you are good to drive home. If the vehicle operator has at least two prior DUI convictions, a prior vehicular assault or homicide conviction, or a prior DUI with a BAC of 0.20 percent or higher, they face a Class A felony charge. 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. With detailed guidelines paired with a focus on balance, intoxicated drivers may struggle to perform well. Compare over 50 top car insurance quotes and save. If you have a question, we know the answer. If the person's blood alcohol level is .20% or higher a minimum sentence of 7 consecutive days must be served. While a first offense DUI is a misdemeanor in the state of Tennessee, it can cost a convicted driver considerable money and time in penalties. Offenders under 21 are charged with a DWI, while a DUI charge is given to a person above 21. In Tennessee, a person convicted of DUI usually has the license revoked, even as a first-time offender. 200 Jefferson Ave #1250 Read More: How to Check Driver's License History. One of the most common questions we receive from clients is about potential jail time. 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. Tennessee's Felony DUI Penalties. You must bring the original certified court order to a Driver Services Center within 10 days of the date of the court order. | Sitemap. Drivers with a BAC of 0.20 percent or higher must serve at least seven consecutive days. How long your license is suspended will depend on how may times you have refused a chemical test and whether or not the incident involves an accident. Please fill out the form below or call us at (901) 526-9494. Tennessee's DUI Enhancement for High Blood Alcohol Levels. receive DUI penalties with BAC of less than the legal limit. This is a Class A felony in the state. You will be eligible for a restricted license after 1 year of revocation. Recognize that if you have been charged with a DUI, we strongly advise hiring a DUI lawyer to represent you in your coming case. The costs associated with a DUI conviction are both significant in both time and money. 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 Its important to remember that youre not alone. Like many aspects of a DUI arrest, each case is unique and warrants its own timeline. However, a first offense DUI can be enhanced to a felony offense if the offender has a prior DUI conviction or if the offender's blood alcohol content (BAC) is .20% or higher. Mandatory 7 days in jail if BAC is over .20%. Tennessee law enforcement officers can arrest a person for driving under the influence (DUI) of drugs, alcohol or a combination of both by measuring the blood alcohol concentration (BAC) in the driver's system or by witnessing the unsafe operation of a vehicle. DUI probation could include completing a substance abuse program and any other recommendations given by the judge. For a 4th offense or subsequent DUI offenses, you will be charged with a Class E felony and may face: A driver's license suspension/revocation for 8 years. They even reduced their fee to see that I got more money! However, most first offense Tennessee DUI sentences are suspended and served on probation. However, if your BAC was .20 or higher, your minimum sentence increases to 7 days. If you are convicted of DUI, you must apply for this type of conditional license. And even as a first offense, a DUI can become a felony if certain circumstances are in place, such as serious injury or death caused by the driver's impairment. Memphis Law Firm for all your legal needs! While a first offense DUI is a misdemeanor in the state of Tennessee, it can cost a convicted driver considerable money and time in penalties. Road traffic offenders apprehended while violating the state's DUI laws will be penalized in various ways, depending on the severity of the crime and the offender's history. If a driving under the influence offense results in a crash causing injuries to another person and you refuse to submit to a chemical test your license will be revoked for 2-years or 5-years if the crash resulted in a death. 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. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. A qualified DUI attorney can tell you how the law applies to your case and help you decide on the best course of action. And that's just naming a few. For a first-time offense, refusal to take a BAC test results in a one-year suspension of your license. In Tennessee, you can face jail time for a first-offense DUI. In Tennessee, DUI carries significant penalties. In general, a first DUI charge is considered a misdemeanor, leading to community service, fines, a license suspension, and probation in many cases. can help you protect your driving privileges. Tennessee DUIlawcode 55-10-401states that it is against the law for any person to drive a motor vehicle in the state of Tennessee while they are under theinfluence of alcohol or drugswith a blood alcohol concentration level of .08% or greater. A first time DUI offender can face a minimum of 48 hours in jail which is required by law and you could face up to 11 months and 29 days in jail. For instance, a DUI offender serving jail time could be allowed to do a jail sentence with a work-release. 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. Tennessee First Offense DUI Penalties A Tennessee first offense DUI conviction is a Misdemeanor offense and carries the following penalties: Jail time: A first offense conviction will result in a minimum jail sentence of 48-hours up to a maximum jail sentence of 11 months and 29 days. While driving a commercial vehicle, they have a BAC of 0.04% and above.