For first DUI offenses, motorists may be penalized with fines of $350 to $1,500 and license revocations of 1 year. In some cases, however, a first-time DWI offender can get a DWI charge reduced to a DUI charge instead. Notwithstanding, persons within 18-20 can be charged with either one. Not only will you face a driver's license suspension, but you'll also likely face criminal charges in court. Tennessee states that driving with a blood alcohol concentration (BAC) level over 0.08 percent is considered driving under the influence. And if the offender had a passenger under the age of 18 in the vehicle at the time of the offense, the minimum sentence is increased by 30 days (so, it's 32 or 37 days, depending on the circumstances). The first three DUI convictions will have a maximum amount of jail time of eleven months and twenty-nine . First-time DUI offenders may be granted a temporary restricted license on suspension of license. 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. 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. DUI law is complicated and the facts of each case are different. Fines and Jail Time for Tennessee DUI Offenses. In Tennessee, DUI carries significant penalties. If there was any property damage or injuries to other people resulting from an accident you will be required to pay restitution.DUI class:You will be required to attend a stateapproved DUI Classas a first time offender.Test refusal:A first offense will result in a 1 year license revocation. After 90 days, the driver may apply for early withdrawal of their license suspension. You will be responsible for the costs, which include: If you are convicted of a DUI However, most first offense Tennessee DUI sentences are suspended and served on probation. Feel free to call our team at 901-526-9494 or send us a message about your case. Your message has been received and a Interlock Specialist will contact you shortly. 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. In Tennessee, DUI carries significant penalties. 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 And that's just naming a few. If you are convicted of a first DUI offense, you will be subject to a 1-year license revocation. Before you can apply for a restricted license, you are required to install an ignition interlock device (IID) in your vehicle. Hence, if an offender is arrested for a second DUI offense within ten years of the prior offense, though it may be an out-of-state arrest, it is still counted as a DUI charge nonetheless and treated as a repeat DUI charge. Notwithstanding, other factors such as the presence of a child passenger in the car could aggravate the circumstances and likewise affect presumptive amounts. Here, the officer is testing your ability to balance and your endurance. 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. Anyone between the ages of 16 and 18 who is found to have consumed alcohol or drugs and has a BAC level of .02% or greater is guilty of committing a Delinquent Act and will have their drivers license suspended for 1-year and will have to pay a $250 fine. One look at the current Tennessee first DUI penalties and fines should be enough to dissuade you from getting behind the wheel after drinking: Cash Fines and Penalties - $350 to $1,500 License - one-year mandatory suspension Jail - 48 hours to 11 months All Rights Reserved. Home Blog What Happens For Your First DUI Offense In Tennessee? While it is doubtful that a prosecutor will dismiss the charge of a DWI offense in Tennessee, the offender could get an attorney to plea for the reduction of a DWI charge to a lesser offense. Is it possible to face jail time for a first-offense DUI in Tennessee? Fines. DUI Penalties in Tennessee - Aggravated DUI In Tennessee, a person convicted of DUI usually has the license revoked, even as a first-time offender. 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. However, there are other non-court related consequences of a DUI conviction that an offender has to deal with, such as: Yes, a DUI offender could get fired from one's job, but this depends on the type of job in question and the nature of the conviction. They even reduced their fee to see that I got more money! It is possible to obtain a restricted license, however, you would be required to install an ignition interlock device, at your own expense, and drive only vehicles that have an interlock installed. 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. A first-time DUI offender must pay a mandatory fine of $350, a second timer $600, a third timer $1100. In fact, drunk driving is the number one killer on Tennesee's roads and has been since 2012. According to federal and state laws, motorists must cease operating a vehicle if their BAC (blood alcohol content) is 0.08% or more. On suspension of a driver's license, the judge could also order the forfeiture of the vehicle used in the DUI. As a condition of probation, the offender will generally have to complete a substance abuse assessment and DUI education course. The Average First-time DUI Offender In Tennessee Spends 48 Hours In Loss of drivers license for one year. Before the Tennessee DOS will reinstate your license following your revocation period or issue you a restricted license you will be required to show proof of financial responsibility in the form of aTennessee SR22 insurancepolicythat meets the states minimum auto insurance liability coverage limits. The offender would have to pay a mandatory reinstatement of $100. An offender must not have been convicted of any other crimes. Tennessee's Underage DUI Laws and Penalties - Driving Laws $75 fee, if you did not surrender your driver's license at the time of revocation/suspension. Increased insurance costs; some life insurance companies may completely deny policy issuance. You may also receive DUI-type penalties for refusing to submit to the blood alcohol test when arrested on suspicion of a DUI. A person suspected of impairment does not have to be actually driving for an arrest to occur. Five years must have elapsed since completing the sentence imposed on an offender. 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. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. The maximum jail sentence for a first DUI is 11 months and 29 days. Technically, a Tennessee DUI stays on an offender's record for life. 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. First-time DUI offenders in Tennessee are fined a minimum of $350. 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. If your BAC level was at or more than 0.20 percent, you could face seven (7) days in jail. 1999 - 2023 DMV.ORG. If you feel you were wrongly treated during your field sobriety tests or if the officer forced you out of your rights, contact us at Chiozza Law Firm. However, the look-back period is ten years for repeat offenders; that is, succeeding DUI charges must be made within ten years, from the date of the present offense back to the date of the prior offenses, to be considered a repeat offense. If you need proper representation for your DUI charge in Tennessee, contact the Memphis DUI lawyers at The Chiozza Law Firm. This goes up to three years if the driver is arrested while transporting hazardous materials. 901Law.com, theMemphis Law Firm for all your legal needs! The information Alternatively, the offender will have to pay $75 if they fail to return the suspended license to the. First-time offenders will also have to pay fines that are no more than $1,500 and no less than $350. The state of Tennessee is incredibly strict with underage drinking and driving. 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. However, it is important to remember that these penalties apply only if you are convicted. Providing proof of car insurance with an SR-22. Tennessee does not consider a DUI or a DWI charge based on the substance used but on the offender's age. Contact us now for more information or to schedule a free consultation. If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. After a few hours of drinks and discussions, you realize its time to head home. 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. A first DUI offense carries mandatory jail time of 48 hours, a fine of $350-$1,500, and the revocation of your driver's license for one year. Should a person receive a fourth DUI then that offense would be classified as a Class E felony. Not only did I get more than expected but they also negotiated with the hospital to have my bills reduced. The officer instructs you to stand on one foot while lifting the other foot six inches off the ground. If you are convicted of a first DUI offense, you will be subject to a 1-year license revocation. The Tennessee Department of Safety and Homeland Security is tasked with enforcing the state's DUI statutes. In Tennessee, you can face jail time for a first-offense DUI. A first offense misdemeanor can become a felony if there are special circumstances in play at the time of the traffic stop. You will also have to pay a license reinstatement fee to the Department. If the person's blood alcohol level is .20% or higher a minimum sentence of 7 consecutive days must be served. Like many states Tennessee has a "implied consent" law. First DUI Offense - What Will Happen For a First Time DUI? - DUI Rights Tennessee DUI laws and penalties are determined by the nature and severity of the offense and the offender's criminal history. If you refuse a breathalyzer test or blood draw during the traffic stop, the police officer will likely charge you with a violation of implied consent law, which could cause you lose your license. Generally, Tennessee considers the first three DUI offenses to be misdemeanors. While Tennessee has several laws that determine DUI penalties, the judge determines the final penalties. No matter what your situation is, we will work diligently to ensure you receive the best possible outcome for your case. The implied consent law does not apply to field sobriety tests. With detailed guidelines paired with a focus on balance, intoxicated drivers may struggle to perform well. 55-10-406, Drug Free Youth Act Offenses (Ages 13 17) (T.C.A. 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. It can also have a significant effect on your criminal record and your ability to remove charges from your record in the future. You will also have to pay a license reinstatement fee to the Department. And in some jurisdictions, offenders can complete 400 hours of community service in lieu of the 48-hour and seven-day jail minimums. 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. Losing your driving privileges can negatively disturb your life as it affects your ability to travel to important places such as work. 21 years old, you can receive a DUI or driving while impaired (DWI) offense even if your BAC is under the legal limit. - 190 fatalities in alcohol-impaired crashes, - 218 fatalities in alcohol-impaired crashes, [Source: Tennessee Department of Safety and Homeland Security]. A first-offense DUI (driving under the influence) conviction in Tennessee generally results in a fine, driver's license suspension, and a few days in jail. Legal Beagle: How to Get a DUI Removed From Your Driving Record, Legal Beagle: How to Know If a DUI Is on Your Record. A person holding a commercial drivers license (CDL) can not only lose their ability to drive, they can also lose their job, as they no longer have the ability to work. Similarly, some offenses such as reckless driving are eligible for something called judicial diversion. 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 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.