The lawyers at Davis & Hoss follow changes to DUI laws in Tennessee. Below is the current status of the law.
DUI Offenses and Penalties:
1ST TIME DUI OFFENDER – (.08% BAC) [T.C.A. § 55-10-401] [T.C.A. § 55-10-403]
- 48 hours up to 11 months, 29 days in jail for offenders in violation of § 55-10-401 (NOTE: For BAC .20 or greater, the minimum jail time is seven (7) consecutive days).
- $350-$1,500 mandatory fine
- License revocation for 1 year/Restricted License may be available
- You will be ordered to participate in a DUI school
- You will be required to participate in a 24-hour litter removal program (three 8-hour shifts) as part of probation. You will also have to pay the sheriff a supervision fee. Those convicted must wear a brightly-colored vest stating: "I am a drunk driver"
- You will be ordered to pay restitution to any person suffering physical injury or personal loss
- The judge will order you to install a vehicle Ignition Interlock Device at your expense if you meet the following conditions:
- If you have a BAC of .15% or greater
- If you were driving with a minor under the age of 18
- If you are "involved in a traffic accident" due to your intoxication that results in more than $400.00 in damage, or
- If you are "in violation of the implied consent law… and [have] a conviction or juvenile delinquency adjudication for a violation that occurred within [the past] 5 years."
- NOTE: Ignition Interlock Devices cost a maximum of $70.00 installation and a maximum of $100 per month for the cost of monitoring, maintenance, and use. [T.C.A. § 55-10-423(a)]
- If you receive two (2) convictions of DUI in 5 years, Ignition Interlock Device are required for 6 months after reinstatement at your expense
- Drug and Alcohol Treatment may be required at the judge's discretion
- Other court fees (ignition interlock fee of $40.00, blood alcohol test cost of between $17.50 and $50.00, etc.)
- With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $5,000 or more
2ND TIME DUI OFFENDER (.08% BAC) [T.C.A. § 55-10-401] [T.C.A. § 55-10-403]
- 45 days to 11 months, 29 days in jail
- $600-$3,500 mandatory fine
- License revocation for 2 years/Restricted License available after first year
- Subject to vehicle seizure/forfeiture
- DUI School
- Undergo a drug and alcohol assessment and attend a drug or alcohol rehabilitation program, both at your expense
- The judge can order you to install a vehicle Ignition Interlock Device at your expense
- If you receive two (2) convictions of DUI in 5 years, Ignition Interlock Device is required for 6 months after reinstatement at your expense
- You will be ordered to pay restitution to any person suffering personal injury or loss
3RD TIME DUI OFFENDER (.08% BAC) [T.C.A. § 55-10-401] [T.C.A. § 55-10-403]
- 120 days to 11 months, 29 days in jail
- $1,100-$10,000 mandatory fine
- License revocation for between 6 and 10 years/NO restricted license available
- Subject to vehicle seizure/forfeiture
- DUI school
- Undergo a drug and alcohol assessment and attend a drug or alcohol rehabilitation program, both at your expense
- Judge could order an Ignition Interlock Device installed at your expense
- If you receive two (2) convictions of DUI in 5 years, an Ignition Interlock Device is required for 6 months after reinstatement at your expense
4TH AND SUBSEQUENT DUI OFFENDER (.08% BAC) [T.C.A. § 55-10-401] [T.C.A. § 55-10-403]
- Class E Felony
- 1 Year (365) days of jail time with a minimum of 150 consecutive days served
- $3,000- $15,000 mandatory fine
- License revocation for 8 years/NO restricted license available
- Subject to vehicle seizure/forfeit
- DUI school
- Undergo a drug and alcohol assessment and attend a drug or alcohol rehabilitation program, both at your expense
- Judge could order an Ignition Interlock Device installed at your expense
- If you receive two (2) convictions of DUI in 5 years, an Ignition Interlock Device required for 6 months after reinstatement at your expense
VEHICULAR ASSAULT – SERIOUS INJURY TO ANOTHER PERSON BY A DUI DRIVER [T.C.A. § 39-13-106]
- Class D Felony
- Between 2 and 12 years of jail time according to range [40-35-112]
- License revocation from 1 to 5 years depending upon number of prior offenses
- Plus fines and court costs
- CHILD ENDANGERMENT – DUI WITH PASSENGER UNDER 18 YEARS OLD [T.C.A. § 39-15-401]
- 30 days mandatory minimum jail time
- Minimum $1,000 mandatory fine
- NOTE: These enhancements are in addition to any other jail time and fine for the underlying DUI offense!
- Also, penalties are enhanced in the event that the minor passenger is seriously injured or killed:
- Class D felony if child suffers serious injury [55-10-403]; between 2 and 4 years of jail time [T.C.A. § 40-35-112]
- Class C Felony if child death involved; between 3 and 6 years of jail time
- License revocation
VEHICULAR HOMICIDE [T.C.A. § 39-13-213]
- Fatal vehicle crash caused by DUI with .08% BAC or more
- Class B Felony [T.C.A. § 40-35-112]
- License revocation for between 3 and 10 years/NO restricted license available
- AGGRAVATED VEHICULAR ASSAULT WHILE DRIVING INTOXICATED
- Class A Felony [T.C.A. § 39-13-218] [T.C.A. § 40-35-112]
- If any of the following conditions are present: Two or more prior (a) DUI convictions, (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 one (1) prior DUI or Vehicular Assault offense