Tennessee DUI Penalties
Under Tennessee law, a conviction for DUI can carry many penalties. A first offense Tennessee DUI, for example, will carry a minimum 48 hours in jail, but a second offense conviction carries a minimum 45 days in jail. The type and severity of penalty will depend on the facts of the case, and whether the individual has a prior conviction for DUI. First, second, and third offenses are misdemeanors in Tennessee, and fourth offenses on up are felonies.
For first offense Tennessee DUIs, in addition to the minimum 48 hours in jail, the individual will go on probation for 11 months and 29 days minus any jail time served. So if the individual serves 48 hours in jail (equal to two days) they would go on probation for 11 months and 27 days. Under Tennessee law, if a driver's blood alcohol content is .20% or greater they must serve seven days in jail.
First offenders will pay a minimum $350 fine in Tennessee, with a maximum of $1500. First offenders will lose their license for a period of one year but may apply for a restricted license. The restricted license will allow them to drive only to work, school, church, probation meetings, or court-ordered activities such as alcohol safety school.
For a second offense, as I stated above, the minimum jail time is 45 days. The probationary period is 11 months and 29 days minus any time spent in jail. Second offenders in Tennessee pay a minimum $600 fine, with a maximum of $3500. Their license will be revoked for two years, and they may apply for a restricted license but will not be eligible for at least one year. That means that a DUI second offender in Tennessee will not have any type of driver's license whatsoever, even a restricted license, for at least a year. Second offenders will be required to install an ignition interlock device.
In addition to these penalties, a DUI conviction in Tennessee remains on the individual's record forever. This is perhaps the most serious consequence of a DUI and something I always tell new or prospective clients. Many first offenses in Tennessee can be expunged through a process called diversion; however, DUI is not one of them. It remains on the individual's record forever, even if they've never had so much as a traffic ticket. Obviously, having a DUI on your record can affect your employment prospects.
Because of the potential penalties, it is important for a person charged with DUI in Tennessee to seek out an experienced Memphis DUI defense lawyer. There may be ways to challenge the case on a number of legal or factual grounds, possibly resulting in a dismissal or reduction of the charge.
Questions and Answers
The following questions and answers are offered to help those who have been charged with a crime in the Memphis, Tennessee area.
Here are answers to some frequently asked questions about Tennessee DUI laws. Because of the penalties for this crime, you should contact a Tennessee DUI lawyer if you have been charged.
This article examines the implied consent law in Tennessee, where an individual suspected of driving under the influence will lose their driver's license if the do not submit to a chemical test.
This article examines Tennessee shoplifting laws, as well as options for keeping the charge off a client's record.
Our office receives numerous inquiries about withdrawing a plea based on a variety of grounds. The underlying reason is that the potential client believes that the terms of the plea are unfair. Sometimes the potential client believes his or her prior counsel provided ineffective assistance because little or no investigation was performed of various defenses or there was a proper basis for an arrest.
In Colorado, common traffic violations and points assessments can have serious consequences for most drivers.
An experienced DUI Defense lawyer can help you understand what you are up against and the fines you may be required to pay. A Jacksonville DUI lawyer mostly deals with DUI matters and knows the process inside and out - including options that a public defender may not tell you.
Leading criminal defense lawyer explains why you should say no to breathalyzer and field sobriety tests.
San Antonio is one of the most visited cities in the state of Texas (The United States) and the drunk driving and DWI law is quietly difficult, so if during the facing charge of serious case you should consult to an experienced lawyer.
Memphis police have been more aggressive lately in stopping motorists and writing tickets. This article explains what you can do if you've gotten a traffic ticket in Memphis.
Answers to some frequently asked questions about how NFA trusts work in the state of Tennessee.
Tennessee prescription drug crimes are very real and serious offenses. These types of drugs are so prevalent in our society, and can become so addictive, that some people will abuse them and then do anything to keep getting their "fix." This may include stealing, forging prescriptions, or buying drugs off the street.
In Tennessee, the detention hearing is a juvenile's first appearance before a judge after being arrested and charged with a felony offense. It's where the judge determines if the child should be released or kept in custody until trial.
The State of Tennessee has several laws regarding illegal possession of a weapon. Gun crimes are very serious offenses, and if you have been charged you should contact a Memphis criminal defense lawyer to discuss your case. This article will explain how Tennessee weapons possession laws work, their elements, and their punishment.
Discuss this Article
