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Like many aspects of a DUI arrest, each case is unique and warrants its own timeline. The costs associated with a DUI conviction are both significant in both time and money. The offender will have to deal with a DUI conviction, jail time, mandatory fines, probation and community service, attendance of a substance abuse assessment program, license suspension, and installation of an ignition interlock device. If a lapse in coverage occurs, the Tennessee DOS will immediately suspend your license and you will be required to re-file an SR22 form with the DOS before they will issue you another license. Tennessee monetary fines are also flexible, but also escalate rather quickly on the high end of the scale: First offense - fine will range from $350 to $1,500. 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. In fact, drunk driving is the number one killer on Tennesee's roads and has been since 2012. First time offenders will be eligible for a restricted license if they meet therequirementsfor one. Jail time. However, there are other factors that can affect the nature or level of your charge, leading to greater penalties and sentences. One of the terms of a restricted license is that you can only operate a vehicle when using an IID. criminal penalties in court for DUIs and other alcohol-related driving offenses. Along with risking your own life and the lives of others, you can face A work release enables the offender to continue employment and return to jail after working hours. After the offender completes the minimum jail time, the judge can order the offender to perform highway cleanup or to work at a recycling center in lieu of or in addition to the other penalties. 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. Tennessee's law is one of the most strict. Tennessee First Offense DUI First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more. In Tennessee, the only distinction between these two charges is the offender's age. After the minimum jail sentence is served, the judge can suspend the remaining jail term and place the driver on probation. Drivers with a BAC of 0.20 percent or higher must serve at least seven consecutive days. You would also be required to pay court costs related to your DUI offense. When a law enforcement officer suspects a motorist of intoxication, they are subjected to a breath or blood test. For example, although a DUI conviction is currently not eligible to be expunged, a reckless driving is eligible to be expunged five (5) years after you complete the six (6) month probationary period. Not only did I get more than expected but they also negotiated with the hospital to have my bills reduced. In Tennessee, a DUI is defined as driving a vehicle with a blood alcohol concentration (BAC) over the legal limit of Conviction for a first offense DUI in Tennessee carries the following punishment: Mandatory Minimum of 48 hours in jail (If BAC greater than .20, mandatory 7 days in jail) Maximum $1,500 Fine. According to NOLO, if they are sitting in the driver's seat on a public road while impaired, that may be enough. Legal Beagle: How to Know If a DUI Is on Your Record. 200 Jefferson Ave #1250 Six months probation fee costs $346, while a 12 months cost $466, and a monthly probation fee costs $30. vary depending on the circumstances of your DUI. Unsurprisingly, if you are being asked to take these tests, the officer is likely to arrest you following the tests anyway. Contact one of our DUI laywers in Memphis to walk you through any situation. 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. After 90 days, the driver may apply for early withdrawal of their license suspension. 57-5-301, Driving While Impaired (Age 16 20) T.C.A 55-10-415, Aggravated Vehicular Assault While Driving Intoxicated, Fees to reinstate a driver license after alcohol-related offenses, Penalties for drug and alcohol-related offenses committed by minors, Revocation of Drivers License for 1 year - 1st offense, Revocation of Drivers License for 2 years - 2nd offense, Revocation of Drivers License for 2 years if crash resulted in bodily injury (Most Aggravated Drunk Driving Law), Revocation of Drivers License for 5 years if crash resulted in a death (Most Aggravated Drunk Driving Law), 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, Pay restitution to any person suffering physical injury or personal loss, With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900, Ignition Interlock Device installed at your expense. 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. Specifically, the officer is testing your ability to balance and follow instructions. This field is for validation purposes and should be left unchanged. The Tennessee Department of Safety and Homeland Security is tasked with enforcing the state's DUI statutes. If you have only been charged, but not yet convicted of DUI, its important to speak with a qualified DUI attorney to determine what defenses you have and whether you may be able to avoid a conviction. Fines And Other Penalties. This website is designed for general infomation only. They even reduced their fee to see that I got more 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 A driver who had a BAC of .20% or more will face a minimum of seven days in jail for a first-offense DUI conviction. Offenders could be allowed a work release permit with a restricted license and the use of an ignition interlock device. A driver's license suspension/revocation of 1 year. You must go through the proper steps with the Tennessee Department of Safety. If your blood alcohol content (BAC) is above 0.08%, you . A first-offense DUI generally carries a minimum of 48 hours in jail. In addition to the penalties outlined above, you will be required to carry high risk insurance, called SR-22, for five years and your insurance premiums will increase. What Will My Probation Officer Do If I Fail an Alcohol Test? 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. The best way to find a checkpoint in Tennessee is through mass media outlets such as TV, radio, PSAs ( Print Service Announcements), billboards, and brochures, as over the years, they have been heavily publicized on these platforms. The state of Tennessee is incredibly strict with underage drinking and driving. Simply put: if you are in this situation, take the BAC test. An underage driver with a BAC of 0.08 percent or greater can receive the same consequences that an adult in their circumstance would. Then, you count to 30 out loud. In Tennessee, the estimated cost of a DUI bail is around $1500 for a misdemeanor DUI charge. Loss of drivers license for one year. The offender will have to pay an SR-22 form fee of $50 in the absence of proof of SR-22 insurance for up to 3 years. According to the states implied consent law, a driver gives consent to chemical testing the moment they get behind the wheel on Tennessee's roads. can help you protect your driving privileges. If you are unable to follow the motion or your eyes begin to twitch, you give an indication that you are intoxicated. Why? A judge could also order the offender to complete a substance abuse program. If there happened to be an underage passenger present in the vehicle, an extra 30 days could be added to the minimum jail time of 45 days making 75 days minimum jail time instead. A second offense refusal will result in a 2-year revocation of your license. However, the amount is $2000 for a felony DUI charge, from a fourth DUI charge and above. You know your limit, and you think you are good to drive home. Still, the probation period could last for as long as 11 months and 29 days with an order to complete a substance abuse assessment. If you lift your arms, put your foot down, or are unable to count to thirty (30), you show signs of intoxication. According to the Tennessee Department of Safety and Homeland Security, a first-offense DUI is a misdemeanor. Your reinstatement requirements may vary depending on the circumstances of your DUI, but will typically involve: Other fees may apply based on your unique circumstances. 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. Under the influence of any intoxicant, narcotic drug, marijuana, or any controlled substance affecting the central nervous system. However, if your BAC was .20 or higher, your minimum sentence increases to 7 days. Increased insurance costs; some life insurance companies may completely deny policy issuance. From 48 hours to 11 months and 29 days of jail time. For a 3rd offense of a DUI, you may face: 120 days to 11 months and 29 days in jail. For a second-time offense, the license suspension is two years. 7031 Koll Center Pkwy, Pleasanton, CA 94566 In Tennessee, drivers who are under the age of 21 can be convicted of a standard DUI for driving with a blood alcohol concentration (BAC) of .08% or more or while under the influence of (impaired by) drugs or alcohol. No, this one is life-changing. The DUI laws and regulations are confusing and seem to change frequently. It signals a higher level of intoxication, so DWI offenders are issued harsher penalties. Its unavoidable. If the person's blood alcohol level is .20% or higher a minimum sentence of 7 consecutive days must be served. A person suspected of impairment does not have to be actually driving for an arrest to occur. However, the length of suspension can vary based on the details of the arrest. Because every case and individual are different, only attorneys who practice DUI defense day in day out will be able to give you good advice as to the best way to handle your defense. In Tennessee, a first DUI offense is considered a Class A misdemeanor charge. This will permit the driver to operate a vehicle for work, school, or health, but this is also issued with an order that an Ignition interlock device is used during the suspension period to regulate the driver's movement. This blog is intended to provide some basic information about the DUI process in Tennessee. Your message has been received and a Interlock Specialist will contact you shortly. This article covers the basics of Tennessee's DUI laws, including the consequences of a first, second, and third DUI conviction. to State, County and Municipal Public Records, Tennessee Department of Safety and Homeland Security, Tennessee Code Annotated section 40-32-101(G). lawyer/client relationship. Per Tennessee law55-10-415it is a Class A Misdemeanor for anyone under the age of 21 but older than 18 to drinking and drive with a blood alcohol concentration of .02% or greater. The standard sentence for a misdemeanor charge of any kind is up to 90 days in jail, a $500 fine, plus two years of probation. You will also have to pay a license reinstatement fee to the Department. Your license will be suspended for 1 year if you are convicted of DUI in Tennessee. The minimum cost for an IID for a year is $1,000. A first-time DUI offender must pay a mandatory fine of $350, a second timer $600, a third timer $1100. Under Tennessee law, you are required to perform a BAC test once you are under arrest for a DUI. 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. As described above, the minimum sentence for a first time DUI is 48 hours in jail. However, you may be subject to DUI penalties without going over the 0.08 percent BAC level when taking in other considerations of your offense. A second DUI offender could be charged with a minimum jail time of 45 days with a possible maximum jail time of 11 months, 29 days with a two-year license suspension. The attorney listings on this site are paid attorney advertising. Also, the judge can suspend the remainder of an offender's jail time on probation so long as the offender completes the minimum jail time sentence. But a judge can take past DUI convictions into consideration when sentencing if they occurred within twenty years of the current offense. The maximum jail sentence for a first DUI is 11 months and 29 days. Ignition interlock device. receive DUI penalties with BAC of less than the legal limit. Depending on the severity of your DUI/DWI, a Probation. If you are convicted of DUI, you must apply for this type of conditional license. Our firm is committed to helping our clients protect their driving privileges. Five years must have elapsed since completing the sentence imposed on an offender. Shows obvious impairment by intoxicants, including marijuana or other controlled substances alone or in combination with alcohol. 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. 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. Tennessee states that driving with a blood alcohol concentration (BAC) level over 0.08 percent is considered driving under the influence. This type of conditional license allows you to drive under certain circumstances with limited driving privileges. However, it is important to remember that these penalties apply only if you are convicted. Under Tennessee law, any person convicted for a first offense DUI shall be fined between $350 and $1,500. A number of factors can affect sentencing, but this article address the minimum and maximum penalties and consequences for a first DUI in Tennessee. A licensed DUI School is an early intervention program that provides screening, assessment, and education for individuals convicted of driving under the influence of alcohol and/ or other drugs. Driving under the influence of alcohol/drugs (DUI/DWI) is a serious offense in Tennessee and can carry heavy consequences. It is imperative to note that the higher your BAC level, the more severe the penalties. A person seeking to have their license reinstated after a suspension will be required to satisfy all the court-ordered requirements. Once that period is over, you can reinstate your license after satisfying any court-ordered requirements, retaking your drivers examination, installing an ignition interlock device, and paying reinstatement fees. For more information about what may be required to reinstate your driver's license, please visit our Suspended License in Tennessee page. In Tennessee, a DUI is not deemed different from a DWI. Before you can apply for a restricted license, you are required to install an ignition interlock device (IID) in your vehicle. 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. Yes, you may not be legally drunk under the normal BAC legal level, but you are underage, which is why the arrest is made despite a lower BAC level. Additionally, if this is your third DUI offense, you will be subject to a 6-year drivers license revocation. 55-10-701, Underage Possession of Alcohol (Age 18 -21) T.C.A. The judge can grant a temporary restricted license, which allows the driver to operate a vehicle for work, school, or treatment purposes. In most cases, DUI offenses are included in the offenders Tennessee's criminal record depending on the nature and severity of the crime. The first three DUI convictions will have a maximum amount of jail time of eleven months and twenty-nine . Fourth or subsequent time offenderswill not be eligiblefor a restricted license. Read More: What Will My Probation Officer Do If I Fail an Alcohol Test? 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. 48 hours to 11 months and 29 days in jail. Those ages 13 to 17 face license suspension until they reach 17 or for one year, whichever comes later. A first offense misdemeanor can become a felony if there are special circumstances in play at the time of the traffic stop. Compare over 50 top car insurance quotes and save. As mentioned above, fortunately, for those convicted of DUI, the court offers eligible individuals restricted drivers licenses. It can also affect the offender's ability to get a job, go to school or apply for a loan, which can, in turn, hinder their ability to rent or buy a residence.