first dui offense in tennessee

There is a special insurance premium an offender will have to pay upon obtaining a restricted license known as SR-22, and this cost varies based on circumstances but can begin from $50. Fines and Jail Time for Tennessee DUI Offenses. You are asked to follow only with your eyes and not your head. However, if your BAC was .20 or higher, your minimum sentence increases to 7 days. A DWI charge typically applies to an underage offender (an offender around the age range of 16-20), while a DUI charge applies to an offender over 21. Several possible aggravating factors include the following: However, the length of suspension can vary based on the details of the arrest. A Tennessee third offense DUI conviction is a Misdemeanor offense and carries the following penalties: Jail time:A third offense conviction will result in a minimum jail sentence of 120 days up to a maximum jail sentence of 11 months and 29 days.Fines:The fine amount for a third offense will be between $1,100 to $10,000 plus associated court costs. Our firm is committed to helping our clients protect their driving privileges. Can I refuse to take a blood alcohol concetrationtest? A judge could also order the offender to complete a substance abuse program. A successful reduction will often result in the avoidance of jail time, loss of driving privileges, and other reduced penalties. 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. A driver who kills someone due to impairment can face a Class B felony for vehicular homicide. A DUI offender's life becomes altered from the point of arrest. The Chiozza Law Firm has years of experience as Memphis DUI lawyers and are ready to represent you. Depending on the severity of your DUI/DWI, a Leasing, maintenance, and/or monitoring fee: Maximum $100 per month. On the other hand, DWI means driving while intoxicated, and in some states, DWI is the designation for drunk driving. If you are unable to follow the motion or your eyes begin to twitch, you give an indication that you are intoxicated. Minimum first year costs could exceed $1,000.00, If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense, Drug and Alcohol Treatment may be required at the judge's discretion, License revocation for 2 years/Restricted License available, You will be ordered to attend an alcohol and drug treatment program, Ignition Interlock Device installed at your expense, Pay restitution to any person suffering personal injury or loss, License revocation for 6 years/Restricted license available, 1 Year (365) days of jail time with a minimum of 150 consecutive days served, License revocation for 8 years/Restricted license available, License revocation from 1 to 5 years according to number of prior offenses, Jail time 2 to 12 years according to range [40-35-112], No restricted driver license is available, Class D felony if child suffers serious injury [55-10-403] [40-35-112], Fatal crash caused by DUI with .08 BAC or more, License revocation for 3-10 years/NO restricted license available, If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault convictions or, (c) any combination, A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense, $50 fee if filing of financial responsibility (SR-22) is required, $75 fee for failure to surrender driver license may be required, Required to apply for valid license & pay appropriate driver license fee, $3 certification fee if violation occurred in Tennessee, License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days, License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year, Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted, License revocation for 1 year/No provision for restricted license. What Happens For Your First DUI Offense In Tennessee. However, a judge has the ultimate power within the already set parameters to consider any prior DUIs within the past 20 years and determine the offender's actual fines and jail times as factors such as injury, accidents, and deaths could affect the penalties. Shows obvious impairment by intoxicants, including marijuana or other controlled substances alone or in combination with alcohol. First-time DUI offenders may be granted a temporary restricted license on suspension of license. Subscribe to stay in the loop & on the road! The judge can grant a temporary restricted license, which allows the driver to operate a vehicle for work, school, or treatment purposes. Like many states Tennessee has a "implied consent" law. Enter Your Zip Code to Connect with a Lawyer Serving Your Area, Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. We work hard every day to deliver each client a high quality, personalized and aggressive representation. 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. Installation of an ignition interlock device on a vehicle may be applicable. Loss of drivers license for one year. If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. They may also be fined between $350 to $1500 and face a one-year license suspension. You enjoyed your night on the town with your friends, catching up and making jokes. Once you satisfy your court sentence and complete the duration of your driver's license suspension/revocation, you'll need to reinstate your driver's license with the Tennessee Department of Safety (DPS). 55-10-701) & Underage Possession of Alcohol (Age 18 -21) (T.C.A. Penalties and Sentences Tennessee has mandatory jail time for first time DUI offenders. Contact us now for more information or to schedule a free consultation. to State, County and Municipal Public Records, Tennessee Department of Safety and Homeland Security, Tennessee Code Annotated section 40-32-101(G). Still, the probation period could last for as long as 11 months and 29 days with an order to complete a substance abuse assessment. A driver will not face penalties for refusing to take a blood test, unless an officer has a warrant. . However, it is important to remember that these penalties apply only if you are convicted. Additionally, if this is your third DUI offense, you will be subject to a 6-year drivers license revocation. Yes, if you are found guilty of or plead guilty to a DUI, the crime lives on your record for 10 years in the state of Tennessee. The penalties for a DUI/DWI in Tennessee are heavy. Under Tennessee law, any person convicted for a first offense DUI shall be fined between $350 and $1,500. $75 fee, if you did not surrender your driver's license at the time of revocation/suspension. Five years must have elapsed since completing the sentence imposed on an offender. DUI charges reduced to reckless endangerment, or reckless driving can be eligible for expungement. Jail time of 45 days to 11 months and 29 days in jail. A qualified DUI attorney can tell you how the law applies to your case and help you decide on the best course of action. As the number of DUI offenses, a motorist commits increases, their potential jail time, fines, and sanctions increase alongside, depending on their severity. If you are under the age of 21 and are found to have a BAC level of 0.02 percent while driving, the officer can arrest you for a DUI. A work release enables the offender to continue employment and return to jail after working hours. Financial compensation for victims suffering person loss or physical injury. Monetary Fines and Penalties for DUI in Tennessee. A fee of $250 is fined for reckless driving. Other consequences If your BAC level was .20% or greater you will have to spend a minimum of 7 days in jail.Fines:The fine amount for a first offense will be between $350 to $1,500 plus associated court costs. A person seeking to have their license reinstated after a suspension will be required to satisfy all the court-ordered requirements. If this was a fourth or subsequent DUI conviction with two of your prior convictions occurring within the past 5-years you will be required to have the ignition interlock for an additional 6 months following the reinstatement of your license following your revocation period. The court may also require you to attend an alcohol education program and complete community service. Those ages 13 to 17 face license suspension until they reach 17 or for one year, whichever comes later. Tennessee does not consider a DUI or a DWI charge based on the substance used but on the offender's age. 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. It can also have a significant effect on your criminal record and your ability to remove charges from your record in the future. 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. Great firm and people. Please fill out the form below or call us at (901) 526-9494. This website is designed for general infomation only. An offender must meet all the requirements of the sentence imposed, such as the fines, court costs, and payments of all other fees imposed by the judge. They will also be required to pay restitution to any person suffering physical injury or financial loss, as well as a fine of $350-$1,500. We have the expertise and experience to partner with you through the process. While Tennessee has several laws that determine DUI penalties, the judge determines the final penalties. Consequences for subsequent . 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.