Criminal Cases > DUI or Driving Under the Influence in Chattanooga, Tennessee > DUI Offenses in Tennessee: outline of the statute
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DUI OFFENSES OUTLINE [55-10-403]
IMPLIED CONSENT - Refusal to Submit to Blood Alcohol (BAC) [55-10-406]
● 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).
1ST TIME DUI OFFENDER - .08 (BAC) [55-10-401] [55-10-403]
● 48 hours to 11 months, 29 days of jail for offenders ● .20 BAC or greater minimum jail time 7 consecutive days ● License revocation for 1 year
● You will be ordered to participate in a DUI school ● Pay restitution to any person suffering physical injury or personal loss ● $350-$1,500 Fine ● With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900. ● Judge can order you to install a vehicle Ignition Interlock Device at your expense. Minimum 1st year cost $810 [55-10-412d] ● If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at yourexpense. ● Drug and Alcohol Treatment may be required at the judge's discretion.
2ND TIME DUI OFFENDER
● 45 days to 11 months, 29 days of jail ● $600-$3,500 mandatory fine ● License revocation for 2 years/Restricted License available after first year ● Subject to .08 BAC ● Subject to vehicle seizure/forfeiture ● You will be ordered to attend a DUI school ● The judge can order you to install a vehicle Ignition Interlock Device at your expense. ● If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense. ● Pay restitution to ay person suffering personal injury or loss
3RD TIME DUI OFFENDER
● 120 days to 11 months, 29 days in jail ● $1,100 to $10,000 mandatory fines ● License revocation for 3-10 years/NO restricted license available ● Subject to .08 BAC ● Subject to vehicle seizure/forfeit ● DUI school ● Judge could order an Ignition Interlock Device installed at your expense ● If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.
4TH AND SUBSEQUENT DUI OFFENDER
● Class E Felony ● 1 Year (365) days of jail time with a minimum of 150 consecutive days served ● $3,000 to $15,000 mandatory fine ● License revocation for 5 years/NO restricted license available ● Subject to vehicle seizure/forfeit ● DUI school ● Judge could order an Ignition Interlock Device installed at your expense ● If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.
VEHICULAR ASSAULT - Serious injury to another person by a DUI driver.
● Class D Felony [39-13-106] ● License revocation from 1 to 5 years according to prior offenses ● Jail time 2 to 12 years according to range [40-35-112] ● Plus fines and court costs
CHILD ENDANGERMENT - DUI with passenger under 13 years old
● Class D felony if child suffers serious injury [55-10-414] [40-35-112]
● 2 to 4 years jail time ● Class C Felony if child death involved ● 3 to 6 years jail time
● License revocation
VEHICULAR HOMICIDE
● Class B Felony [39-13-213] [40-35-112] ● Fatal crash caused by DUI with .08 BAC or more ● License revocation for 3-10 years/NO restricted license available
AGGRAVATED VEHICULAR HOMICIDE - (while driving intoxicated)
● Class A Felony [39-13-218] [40-35-112] ● If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault
convictions or, (c) any combination ● One prior Vehicular Homicide ● A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense.

