From 48 hours to 11 months and 29 days of jail time. A driver faces their first DUI if they have had no prior convictions in the past 10 years. 55-10-701, Underage Possession of Alcohol (Age 18 -21) T.C.A. 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. Memphis, TN 38103Phone: 901-464-4425Fax: 901-525-6294, 2023 Ballin, Ballin & Fishman. If the officer has established reasonable grounds and suspects that someone is under the influence, the officer is going to request that the individualperform some field sobriety test(it is not required by law that you submit to the field sobriety tests. Please continue reading to learn how you can obtain a restricted drivers license and how a determined Memphis DUI Defense Lawyer can help you protect your driving privileges. No matter what your situation is, we will work diligently to ensure you receive the best possible outcome for your case. A first-time DUI offender must pay a mandatory fine of $350, a second timer $600, a third timer $1100. 0.08%. Subscribe to stay in the loop & on the road! Based on driving history and previous offenses, the jail time, fines, and additional requirements are as follows: 1st Offense - Up to 11 months 29 days in jail, $350-$1000 in fines, DUI School and/or Victim Impact Panel, and possible Ignition Interlock Device (IID). The penalties for a first offense DUI include a minimum of 48 hours in jail, a fine of $350, and the suspension of your driver's license for one year. In some cases, a DUI charge can be reduced to a less serious offense like reckless driving or another traffic offense. Legal Beagle: How to Know If a DUI Is on Your Record. Should be simple, right? The punishment for a first DUI conviction in Tennessee includes a fine of up to $1,500, a time not exceeding 11 months and 29 days in jail and a driver's license suspension of up to one year. The first three DUI convictions will have a maximum amount of jail time of eleven months and twenty-nine . Unsurprisingly, if you are being asked to take these tests, the officer is likely to arrest you following the tests anyway. According to federal and state laws, motorists must cease operating a vehicle if their BAC (blood alcohol content) is 0.08% or more. Third time offenderswill not be eligiblefor a restricted license. The penalties for a first-time DUI offense include jail time of between 48 hours to 11 months, mandatory fines, suspension of driver's license for one year, and community service. Your license can be revoked for one year. If there was any property damage or injuries to other people resulting from an accident you will be required to pay restitution.DUI school:You will be required to attend a state approvedDUI classas a third time offender.Vehicle forfeiture:Third time offenders may be subject to having theirvehicle seizedand forfeited to the state.Test refusal:A third offense refusal will result in a 2 year license revocation. In most cases, DUI offenses are included in the offenders Tennessee's criminal record depending on the nature and severity of the crime. 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. Tennessee's Felony DUI Penalties. A judge can allow a first offender to serve jail time under work releasemeaning, the person can continue working during the day and return to jail each night. Criminal Penalties In Tennessee, DUI carries significant penalties. Before the Tennessee Department of Safety will reinstate your license following your suspension or revocation period, they will require you to file an SR22 form with them before issuing you a new license. 48 hours to 11 months, 29 days (7-day minimum with a .20% BAC or more) If you are unable to follow the motion or your eyes begin to twitch, you give an indication that you are intoxicated. All Rights Reserved. A first DUI carries these penalties: A driver convicted of their first-time DUI must also pay attorney fees, SR-22 (or high-risk) insurance, towing charges and license reinstatement fees, all of which add up to about $5,000. For a second DUI in Tennessee, you must spend a minimum of 45 days in jail, but you could potentially spend 11 months and 29 days in jail. If there was any property damage or injuries to other people resulting from an accident you will be required to pay restitution.DUI school:You will be required to attend a state approvedDUI schoolas a fourth or subsequent time offender.Vehicle forfeiture:Fourth or subsequent time offenders may be subject to having their vehicle seized and forfeited to the state.Ignition interlock:At the judges discretion he or she may order you to have anignition interlock deviceinstalled on your vehicle as a condition of having your license reinstated at the end of your revocation period. This field is for validation purposes and should be left unchanged. 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. A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an out-of-service notice and will not be allowed to drive for the next 24-hours. If a driver refuses to submit to a chemical test, the officer must inform the driver of the penalties for test refusal and then ask the driver a second time if he or she will submit to a chemical test. Each case is unique in the court of law. 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. If you have prior DUI convictions, those are counted against you if you face another DUI offense. In Tennessee, a first DUI offense is considered a Class A misdemeanor charge. NOTE:Sentence length depends on a number of factors, including the persons criminal history, Implied Consent/Refusal to Submit to Blood Alcohol T.C.A. 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. Technically, a Tennessee DUI stays on an offender's record for life. 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. . If youve been charged with DUI, its important to seek legal advice from an experienced Tennessee DUI attorney. The court may also require you to attend an alcohol education program and complete community service. If you refuse to perform these tests, the officer questioning you may place you under arrest. The officer instructs you to move forward nine steps in a straight line, touching heel-to-toe on each step. A fine not less than $350.00 nor more than $1,500.00 will be imposed in addition to court costs. A mandatory forfeit of your vehicle. Out-of-state DUI charges also count in an offender's record. You will also be required to show proof of financial responsibility in the form of anTennessee SR-22 insurancepolicy before the Department of Safety will reinstate your license. If your BAC level was at or more than 0.20 percent, you could face seven (7) days in jail. Barnes & Fersten was founded with you, our future client, as the focal point. You will be fined $600 up to $3,500. In certain cases you may be required to undergo drug and alcohol treatment or perform community service, often in the form of roadside litter pickup. Tennessee does not consider a DUI or a DWI charge based on the substance used but on the offender's age. In the state of Tennessee, if you operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or greater, you will be charged with driving while under the influence (DUI). As a condition of probation, the offender will generally have to complete a substance abuse assessment and DUI education course. For a 3rd offense of a DUI, you may face: 120 days to 11 months and 29 days in jail. Feel free to call our team at 901-526-9494 or send us a message about your case. Join 1,972,984 Americans who searched for Car Insurance Rates: Start Your Ignition Interlock Application Process. 1 st Offense. This depends on the specifics of the drunk driving incident, particularly on the amount of alcohol that was in their system at the time. Furthermore, if you are not eligible for a conditional license, you are not permitted to operate a vehicle until the term of your suspension or revocation period is over. However, if your DUI conviction involved an accident in which a person was killed or suffered serious bodily injury, you will not be eligible for a restricted license. However, a first time DUI can give you up to 11 months and 29 days in jail and a $350-$1,500 fine. DMV.org states that a CDL driver who has a BAC of 0.04 percent or higher, shows impairment by a controlled substance while operating a vehicle, or refuses to take a chemical test is in violation of the states implied consent law. The program helps individuals who want to have their driver's license reinstated or are court ordered to participate in a DUI school program. It can also have a significant effect on your criminal record and your ability to remove charges from your record in the future. Repeat DUI offenders in Tennessee are typically mandated to attend an alcohol treatment program and may have their vehicles seized as well. criminal court requirements may include the following: NOTE: If you refuse to submit to a BAC/breathalyzer test, you can still face driver's license suspensions and fines, even if you're below the legal limit. If a law enforcement officer has probable cause to suspect impairment in a driver and requests a breath or urine test, submission is mandatory. A fine of $600 to $3,500. It is imperative to note that the higher your BAC level, the more severe the penalties. A first offense DUI in Tennessee is a Class A misdemeanor. Generally, Tennessee considers the first three DUI offenses to be misdemeanors. A first time offender will have their license suspended for 1-year plus they will have to pay a $250 fine. Home Blog What Happens For Your First DUI Offense In Tennessee? Under Tennessee law, you are required to perform a BAC test once you are under arrest for a DUI. Copyright 2019 Barnes & Fersten. A first-offense DUI generally carries a minimum of 48 hours in jail. A commercial driver faces the highest risk of losing their job since insurance companies are unlikely to provide coverage to DUI offenders. Simply put: if you are in this situation, take the BAC test. 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. You will be eligible for a restricted license during revocation period with the use of an ignition interlock.Ignition interlock:An ignition interlock will be required during restricted driving period and for an additional 6 months once your license is fully reinstated.License suspension:Your license will be revoked for 3-10 years following a third offense. You will be responsible for the costs, which include: If you are convicted of a DUI A driver under the age of 21 who is impaired by alcohol, drugs or a combination of the two faces either adult DUI penalties or those that are less severe. Employers do not have to wait for a conviction; being arrested is enough legal ground for a DUI offender to be fired legally in Tennessee. This is known as driving while intoxicated, or DWI. They may also be fined between $350 to $1500 and face a one-year license suspension. In Tennessee, a first-time DUI offender will be required to spend a minimum of 48 hours in the county jail or workhouse.