Read More: How to Check Driver's License History. This charge carries penalties of eight to 30 years in prison, a fine of up to $25,000, and license revocation from three to 10 years, with no restricted license eligibility. Like many states Tennessee has a "implied consent" law. Consequences can vary, though you can expect to spend 48 hours in jail, and significantly more time than that after the first offense. 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. 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. Employers do not have to wait for a conviction; being arrested is enough legal ground for a DUI offender to be fired legally in Tennessee. criminal court requirements may include the following: NOTE: If you refuse to submit to a BAC/breathalyzer test, you can still face driver's license suspensions and fines, even if you're below the legal limit. 3 rd Offense. 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. If you lift your arms, put your foot down, or are unable to count to thirty (30), you show signs of intoxication. The officer instructs you to move forward nine steps in a straight line, touching heel-to-toe on each step. 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 The minimum cost for an IID for a year is $1,000. In Tennessee, a fourth DUI conviction is a class E felony. $350 fine, plus court costs. Unlike a driver with a noncommercial license, both state and federal DUI laws impact CDL holders. If the child is harmed, the offender will be locked away for between 2 to 12 years and fined a minimum of $5000. Can I refuse to take a blood alcohol concetrationtest? They even reduced their fee to see that I got more money! A DUI offense in Tennessee can be very expensive (even as a 1st-time offender). It can also have a significant effect on your criminal record and your ability to remove charges from your record in the future. 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. A driver who causes injury to another person while impaired faces a Class D felony. Your reinstatement requirements may vary depending on the circumstances of your DUI, but will typically involve: Other fees may apply based on your unique circumstances. Fines of $1,100 to $10,000. A driver faces their first DUI if they have had no prior convictions in the past 10 years. DUI Schools in Tennessee However, this is a separate charge from DUI and its possible to fight the implied consent law violation in court. TENNESSEE.STATERECORDS.ORG IS A PRIVATELY OWNED WEBSITE THAT IS NOT NOTE:Sentence length depends on a number of factors, including the persons criminal history, Implied Consent/Refusal to Submit to Blood Alcohol T.C.A. You may also be required to complete an alcohol and drug treatment program. Individuals convicted for a DUI first offense can expect to spend at least 48 hours in jail and you will be ordered to participate in an alcohol and drug education program. However, there are other factors that can affect the nature or level of your charge, leading to greater penalties and sentences. Shows obvious impairment by intoxicants, including marijuana or other controlled substances alone or in combination with alcohol. Often, our team answers all types of questions related to DUIs length of sentencing, likelihood of jail time, details on penalties, legality of stop, and more. Get free quotes from the nation's biggest auto insurance providers. 1st offense crash involving death: 5 years. If you've been arrested for driving under the influence in Tennessee, it's a good idea to talk to a DUI lawyer. You will also have to pay a license reinstatement fee to the Department. Minimum first year costs could exceed $1,000.00, If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense, Drug and Alcohol Treatment may be required at the judge's discretion, License revocation for 2 years/Restricted License available, You will be ordered to attend an alcohol and drug treatment program, Ignition Interlock Device installed at your expense, Pay restitution to any person suffering personal injury or loss, License revocation for 6 years/Restricted license available, 1 Year (365) days of jail time with a minimum of 150 consecutive days served, License revocation for 8 years/Restricted license available, License revocation from 1 to 5 years according to number of prior offenses, Jail time 2 to 12 years according to range [40-35-112], No restricted driver license is available, Class D felony if child suffers serious injury [55-10-403] [40-35-112], Fatal crash caused by DUI with .08 BAC or more, License revocation for 3-10 years/NO restricted license available, If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault convictions or, (c) any combination, A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense, $50 fee if filing of financial responsibility (SR-22) is required, $75 fee for failure to surrender driver license may be required, Required to apply for valid license & pay appropriate driver license fee, $3 certification fee if violation occurred in Tennessee, License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days, License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year, Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted, License revocation for 1 year/No provision for restricted license. First DUI Offense in Tennessee - TN Penalties and Fines If you refuse then you will automatically lose your license. However, if your BAC was .20 or higher, your minimum sentence increases to 7 days. After the offender completes the minimum jail time, the judge can order the offender to perform highway cleanup or to work at a recycling center in lieu of or in addition to the other penalties. While a first offense DUI is a misdemeanor in the state of Tennessee, it can cost a convicted driver considerable money and time in penalties. First DUI Offense In Tennessee Is A Class A Misdemeanor Contact one of our DUI laywers in Memphis to walk you through any situation. Contact us now for more information or to schedule a free consultation. You may also be required to have an ignition interlock device (IID) installed on your vehicle when your license is reinstated or if you are eligible for a restricted license. Before you can apply for a restricted license, you are required to install an ignition interlock device (IID) in your vehicle. 55-10-701, Underage Possession of Alcohol (Age 18 -21) T.C.A. If the vehicle operator has at least two prior DUI convictions, a prior vehicular assault or homicide conviction, or a prior DUI with a BAC of 0.20 percent or higher, they face a Class A felony charge. Mandatory 7 days in jail if BAC is over .20%. If an officer asks you to take the field sobriety test, just kindly refuse his request). Its important that you speak with an experienced DUI lawyer who can help you determine what steps are necessary to seek a reduction of charges in your specific case. A judge may also order the convicted driver to install an ignition interlock device (IID) at their own expense. According to federal and state laws, motorists must cease operating a vehicle if their BAC (blood alcohol content) is 0.08% or more. Unsurprisingly, if you are being asked to take these tests, the officer is likely to arrest you following the tests anyway. In addition: These fees do not exempt an offender from jail time or substantial financial penalties, as these fees are for reinstatement and alcohol monitoring. For more updates, visit The Chiozza Law Firm, on Facebook, and on Twitter. But a judge can take past DUI convictions into consideration when sentencing if they occurred within twenty years of the current offense. After the minimum jail sentence is served, the judge can suspend the remaining jail term and place the driver on probation. Conviction for a first offense DUI in Tennessee carries the following punishment: Mandatory Minimum of 48 hours in jail (If BAC greater than .20, mandatory 7 days in jail) Maximum $1,500 Fine. Monetary Fines and Penalties for DUI in Tennessee. Yes, you may not be legally drunk under the normal BAC legal level, but you are underage, which is why the arrest is made despite a lower BAC level. The maximum jail sentence for a first DUI is 11 months and 29 days. If there was any property damage or injuries to other people resulting from an accident you will be required to pay restitution.DUI school:You will be required to attend a state approvedDUI classas a third time offender.Vehicle forfeiture:Third time offenders may be subject to having theirvehicle seizedand forfeited to the state.Test refusal:A third offense refusal will result in a 2 year license revocation. Whether a person serves that time in a county jail or a state prison will depend on the length of the sentence. A fee of $17.50 is charged for a breath test refusal. In Tennessee, a person convicted of DUI usually has the license revoked, even as a first-time offender. 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. Tennessee DUI Laws: Penalties For First Second And Third Offenses In most cases, DUI offenses are included in the offenders Tennessee's criminal record depending on the nature and severity of the crime. They may, however, apply for early withdrawal of the suspension after 90 days or apply for a restricted license. Then, blue lights in the rearview. A DWI charge typically applies to an underage offender (an offender around the age range of 16-20), while a DUI charge applies to an offender over 21. When you are charged with a DUI, Tennessee law defines it as a class A misdemeanor. Please continue reading to learn how you can obtain a restricted drivers license and how a determined Memphis DUI Defense Lawyer can help you protect your driving privileges. 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. How Tennessee Defines DUI and the Penalties for a Violation | AllLaw Furthermore, if you are not eligible for a conditional license, you are not permitted to operate a vehicle until the term of your suspension or revocation period is over. However, if there are any aggravating factors the judge could find it appropriate to grant additional penalties, including extra time added to your suspension or revocation period. Increased insurance costs; some life insurance companies may completely deny policy issuance. Loss of drivers license for one year. First Offense DUI in Tennessee | Whitt Cooper Hedrick & Wojcik If youve recently been charged with DUI, youre probably feeling a mix of emotions confusion, frustration, and perhaps even fear. You know your limit, and you think you are good to drive home. Tennessee monetary fines are also flexible, but also escalate rather quickly on the high end of the scale: First offense - fine will range from $350 to $1,500. A judge could release an offender on probation after successfully serving the minimum jail time. If you are found guilty of or plead guilty to a first-offense DUI, you could face the following penalties under Tennessee law: Mandatory minimum of forty-eight (48) hours in jail. The court may also allow a restricted license for first offenders. 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. A driver's license suspension/revocation of 6 years. Is a DUI a felony or misdemeanor in TN? - Criminal Defense Attorney Under Tennessee law, you are required to perform a BAC test once you are under arrest for a DUI. Holds a commercial driver's license (CDL) and has a BAC of 0.04 percent or greater. And even as a first offense, a DUI can become a felony if certain circumstances are in place, such as serious injury or death caused by the driver's impairment. Simply put: if you are in this situation, take the BAC test. Third offense - fine will range from $1,100 to $10,000. DUI 1st Offense: A minimum sentence of 48 hours in the county jail or workhouse up to 11 months and 29 days. However, a judge has the ultimate power within the already set parameters to consider any prior DUIs within the past 20 years and determine the offender's actual fines and jail times as factors such as injury, accidents, and deaths could affect the penalties. On suspension of a driver's license, the judge could also order the forfeiture of the vehicle used in the DUI. One of the most common questions we receive from clients is about potential jail time. The program helps individuals who want to have their driver's license reinstated or are court ordered to participate in a DUI school program. First-time DUI offenders in Tennessee are fined a minimum of $350. Yes, if you are found guilty of or plead guilty to a DUI, the crime lives on your record for 10 years in the state of Tennessee. A conviction carries 150 days to six years in prison and $3,000 to $15,000 in . of Safety and Homeland Security: DUI Offenses, NOLO: Tennessees Underage DUI Laws and Penalties, NOLO: Tennessee Drunk Driving Laws and Penalties, Legal Beagle: Tennessee DUI Laws, Fines & Penalties, Legal Beagle: The Pros & Cons of a Standard DUI, Legal Beagle: How to Check Driver's License History. Tennessee motorists automatically agree to Tennessee's "implied consent law," which means that all drivers lawfully arrested for a DUI have legally given their consent to be tested to determine their alcohol blood content. Our goal is to help you understand the steps that will be taken by the court system, and to give you a better idea of what to expect as your case moves forward. The Average First-time DUI Offender In Tennessee Spends 48 Hours In However, depending on the circumstances of your offense, you may The penalties for a first-time DUI offense include jail time of between 48 hours to 11 months, mandatory fines, suspension of driver's license for one year, and community service. 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 first offense misdemeanor can become a felony if there are special circumstances in play at the time of the traffic stop. We work hard every day to deliver each client a high quality, personalized and aggressive representation.