What Constitutes Driving Under the Influence?
What Does Tennessee Classify as Drunk or Impaired Driving?
In Tennessee, it is illegal for a person to drive or be in actual physical control of a vehicle while:
- the person has a blood alcohol content (BAC) of .08% or greater (.04% or more for commercial drivers); or
- the person is under the influence of any intoxicant, marijuana, controlled substance, controlled substance analog, drug, or substance affecting the central nervous system.
Note that in the context of Tennessee law, being "under the influence" means being impaired to an extent that affects the driver's ability to safely operate a motor vehicle.
Penalties and Sentencing for DUI in Tennessee
A DUI conviction could lead to jail time and fines, as well as certain periods of license suspension. The specific sentence will largely depend on the severity of the offense and whether the defendant has been previously convicted of a DUI:
1st Offense DUI
- Up to 11 months and 29 days in prison (48-hour minimum with BAC of .08% or 7-day minimum with BAC of .20%); $250-$1,500 in fines; 1-year license suspension
For first-time offenders, judges may issue a temporary restricted license during the offender’s suspension period. This license permits the defendant to drive for essential purposes, such as travel to work, school, or treatment. Drivers will likely be required to install an ignition interlock device (IID) to obtain a restricted license.
2nd Offense DUI
- 11 months and 29 days in prison (45-day minimum); $600-$3,500 in fines; 2-year license suspension
3rd Offense DUI
- 11 months and 29 days in prison (120-day minimum); $1,100-$10,000 in fines; 6-year license suspension
Note that judges may allow certain offenders to serve a jail sentence with work-release, which permits them to continue employment but return to the jail after work each evening.
Additionally, provided the offender serves the minimum jail sentence, the judge may decide to suspend the remainder of any jail time and order probation instead. DUI probation usually includes completing a substance abuse assessment and following any further recommendations. In serious cases, judges may also order the forfeiture of any vehicle used in the commission of the DUI offense.
It is important to note that the legal consequences of a DUI conviction in Tennessee can be severe, even for a first-time offense. In addition to criminal penalties, a DUI conviction can result in long-term consequences, such as increased insurance rates, difficulty obtaining employment, and loss of driving privileges. If you are facing a DUI charge in Tennessee, it is crucial to seek the guidance of an experienced DUI attorney in Nashville who can help protect your rights and defend your case in court.
Is a DUI a Felony in TN?
A DUI is not automatically a felony in Tennessee, but it can be.
The classification relies on the circumstances of the crime, such as:
- Prior DUI convictions
- The driver's blood alcohol concentration (BAC)
- Whether anyone was injured or killed in the DUI incident
- If any of these issues occur, the crime may be classified as a felony.
Felony DUI offenses in Tennessee are punishable by longer prison sentences, higher fines, and more extended periods of driver's license suspension.
A fourth DUI offense or any subsequent offense is automatically classified as a felony offense in Tennessee, regardless of aggravating factors.
What is Tennessee's Implied Consent Law?
Like many states, Tennessee also has "implied consent" laws that require all drivers lawfully arrested for a DUI to submit to a breath test. Be aware that the officer may request a blood or breath test, but only a breath test is required without a warrant. Unlawful refusal could result in a 1-year suspension for a first offense and a 2-year suspension for a second offense within the last 10 years.
Why Should You Hire a DUI Lawyer?
Hiring a reputable DUI defense attorney is one of the best steps you can take to ensure that all possible avenues are explored when dealing with a DUI charge.
Here are several benefits of hiring a DUI lawyer in Nashville:
- A skilled attorney can help you understand the potential consequences of a conviction and make sure that your rights are protected throughout the legal process.
- A lawyer will also be able to assess if any procedural errors occurred during your arrest that could influence the outcome of your case
- An attorney will use their knowledge to advocate on your behalf, such as negotiating with prosecutors or filing motions to suppress evidence.
- A lawyer can provide guidance regarding available plea deals and other options so you can make an informed decision about how to proceed with your case.
Furthermore, having an experienced criminal defense attorney by your side can often lead to reduced or dismissed charges and sentences, as well as potentially avoiding license suspension or even getting you reinstated if it has already been suspended. This can be invaluable for individuals who rely on driving for their daily activities such as work or school.
In some instances, an attorney may also be able to get the court to order a less severe punishment than what is usually handed out for DUIs such as community service instead of jail time.
Ultimately, hiring a qualified DUI defense attorney after being arrested for a DUI can help reduce the chances of facing serious consequences from a conviction and provide peace of mind in one of the most trying times.
Arrested for drunk driving? Talk to our Nashville DUI atorney about your case today!
